1896 McCarty Decree and Summons
IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT, IN AND FOR THE
STATE OF UTAH AND COUNTY OF KANE.
Richard S. Robinson, :
Plaintiff :
:
Vs. :
:
Julius Mackelprang, German Buchanan, Fred Jackson, : SUMMONS.
Joseph Chatterly, John W. Glazier, Chas. B. Shumway, :
Hyrum S. Shumway, J. E. Chesley, Cawthra Greenhough, :
Joseph Humphries, and James Glover, :
Defendants :
THE PEOPLE OF THE STATE OF UTAH SEND GREETINGS: To Julius
Mackelprang, German Buchanan, Fred Jackson, Joseph Chatterly,
John W. Glazier, Chas. B. Shumway, Hyrum S. Shumway, J. E.
Chesley, Cawthra Greenhough, Joseph Humphries, and James Glover,
Defendants, You are hereby required to appear in an action
brought against you by the above named plaintiff, In the District
Court of the Sixth Judicial District of the State of Utah and
County of Kane, and to answer the complaint filed therein, within
ten days (exclusive of the day of service) after the service on
you of this summons if served within this County; or if served
out of this County, but within this district within twenty days;
otherwise within forty days or judgment by default will be taken
against you, according to the prayer of this complaint. The said
action is brought to determine a claim made by you adversely to
this plaintiff, in and to the waters of Johnson Run, (comprising
the waters of Johnson and Flood Canyons and springs along said
streams) situated in Johnson Precinct, County of Kane, State of
Utah, and fully described in the complaint on file herein, and
that you be required to produce your title if any you have to
said water, and that the same and the pretended claim, right,
title and interest of you to said water and every part thereof
may be adjudged and decreed to be invalid and void; that you may
be barred of and from all right, title and interest to said water
and every part thereof, and that plaintiff's title may be
adjudged to be a good and valid one as against you, and for costs
of Court.
For fuller particulars reference is made to the complaint on file
herein.
And you are hereby notified that if you fail to appear and answer
the said complaint as above required, the said plaintiff will
apply to the Court for the relief therein demanded, and
costs of suit.
WITNESS the Hon. W. M. McCarty, Judge, and
the Seal of the District Court of the Sixth
Judicial District, in and for the State of
Utah and County of Kane this 8th day of May
A.D. 1896.
(signed) Joel H. Johnson
Clerk.
IN THE DISTRICT COURT SIXTH JUDICIAL DISTRICT.
Kane County, State of Utah.
Richard S. Robinson, plaintiff,
vs Judgment
Julius Mackelprang et al ,defendants.
This cause, coming on for hearing, on the 25th day of May
1896, the regular May term of this court held at the city of
Kanab in the county of Kane, and State of Utah; the plaintiff
appearing in person and by attorneys H.E. Bowman Esqr, and J.F.
Brown Esqr, the defendants appearing in person, and by attorneys
W.P. Sargent Esqr, and J.B. Jennings Esqr; both parties
announce ready for trial.
The cause was submitted to the court upon the complaint,
the Cross-complaint and answer, and the evidence of the parties;
the court after the hearing of such testimony, the arguments of
the counsel, and being fully advised in the premises ( the finding
of facts and conclusions of law) having ben waived by the parties)
renders the following judgment, to-witt:
It is ordered, adjudged and decreed that, the plaintiff is
the owner of and entitled to the use of one third (1/3) of all
the waters flowing in or along a certain water course or channel
described in the complaint herein as "Johnson's Run", at a point
in said channel (where defendant Buchanan's Dam is constructed in
said channel (where defendant Buchanan's Dam is constructed in
said channel), from and after the first day of October in each and
every year, up to and including the first day of April in each
and every year, and a sufficient amount of the high and surplus
waters of said stream to fill his ditch leading from said channel
to a certain Reservoir owned and controlled by him, as described
in his complaint herein , and to keep said Reservoir filled to its
full capacity during such period or periods as there are high
and surplus waters in said water course or channel.
And it is ordered, adjudged, and decreed that the defendant
German Buchanan is the owner of and entitled to the use of two
thirds (2/3) of the waters of said stream or channel during said
period in each and every year, commencing on the first day of
October, and terminating on the first day of April; and it is
ordered, adjudged and decreed that the said German Buchanan is
the absolute owner of and entitled to the exclusive use of all
the waters of the said stream or channel from and after the first
day of April up to and including the 30th day of September of
each and every year, or so much thereof as any be necessary to
fill his ditch to its present full and carrying capacity.
And, it is further ordered, adjudged and decreed by the court
that said stream of water shall be divided between the said parties
last above mentioned as follows, to-wit: the said plaintiff
shall be entitled to the use of the whole of the stream for
the period of one week, commencing on the first day of October
1896 (and every year thereafter) and at the termination of said
period of time (one week) the defendant German Buchanan shall be
entitled to the use of the whole of said stream for the period of
two weeks, and thereafter alternately, up to and including the
first day of April 1897 ( and every year thereafter).
And it is further ordered, adjudged and decreed that the said
defendants, and each of them, their agents, servants, attorneys,
and all persons acting under them or either of them are hereby
perpetually injoined restrained and prohibited from in any manner
interfering with plaintiff's right to the use of the water here-
inbefore mentioned, as hereinbefore defined and adjudged.
And it is further ordered, adjudged and decreed, that the
plaintiff, his agents, servants, attorneys, and all persons acting
under them or either of them are hereby perpetually injoined,
restrained, and prohibited from in any manner interfering with
the defendant German Buchanan's right to the use of the said
waters hereinbefore mentioned, as hereinbefore defined and adjudged
And, it is further ordered, adjudged, and decreed that, the
plaintiff do have and recover his costs herein expended from the
defendants and each of them taxed at ____________________________
dollars and _____________________ cents;, except the said defendant
German Buchanan, against whom the judgment for costs herein does
not apply, Dated this May 26, 1896.
(signed) W.M. McCarty
District Judge.