, 1892-09-17
SUPREME COURT.
Six Important Opinions Filed This
Morning.

Lana conveyed without POWER OF
Attorney Decision Touching the
Right TO divert the National
Course of Streams of Water.
An interesting controversy from What
com was decided by the supreme court this
morning. A number Of years ago Thomas
Jones and his wife, Betsy Jones, owned
equal interest in a certain donation claim
of 800 acres, near the town of Whatcom.
The land was conveyed to Edward Eldridge,
by Jones, who exhibited power of attorney
at the time. In the process of time the
half of the claim owned by Mrs. Jones
came into the possession of the Belling-
ham Bay Land company. Parties who have
been looking up the title claimed that the
land had not been legally conveyed, as the
power of attorney alleged to have been held
by Samuel Jones had not been recorded and
could not be produced. The same land was
decided to Carmi Dibble, the title issuing
from Betsy Jones. Action was brought, to
remove the cloud on the title, resulting in
decision in favor of the land company.
The supreme court affirmed the decision of
the lower court.
Excessive damages damages are claimed
by the Seattle, Lake Shore d Eastern rail-
way in the suit brought by HsH. Brasen,
in which Brasen was awarded $2656 for
damages by fire claimed to have been
caused by sparks from the company's loco
motive. Appealed from King county. The
supreme court raises strenuous objections
to certain instructions of the Judge in the
lower court. In his opinion Judge Dunbar
SAYS: "While this court might conclude
hn oct fra0 foA Ianf hn
damage was not 50 great as found, yet there
is sufficient legal testimony to support the
verdict, and it musttberefOre be sustained"
The judgement of the lowercOu was there
fore affirmed.
The case of A. Crook VS.. Henry Hewitt
and the Everett Land company arose over
| a controversy as to rights in using GER
tain stream of water, appealed from Sno-
! homlsh county. In his opinion filed this
morning, Judge Dunbar said; "The right
to the use of running water is recognized
as higher right than an ordinary ease
ment. 1t is inseparably annexed to the
soil itself. 1t is a natural right which
arises Immediately with every new divis-
ion or severance of ownership" The case
was reversed with instructions to oVerrule
the motion to dismiss. Appellant was al
lowed costs Of the appeal.
The orders appealed from in the case of
John G. Myers, appellant, and H. A.. Ian
/
we're affirmed.
The case Of LeVerett McReavv VS.. ]. f.
| Eshelman, appealed from King county,
consisted of suit for damages against the
agent who signed the contract for sale of
real property. McReavy sought to recover
the money paid by him on account of the
purchase with interest damages for
/ lost bargain and his costs and disbursements
in the former case. The court rules that
the appellants will be granted a new trial
unless the respondent shall within thirty
days stipulate to reduce his judgment to
$415. If they elect to reduce they will be al
| lowed costs in the superior court. They will
also be allowed the costs of the appeal
The decree of the lower court was re-
versed in the case of John Bell VS.. Belle
| Wandley, from Whitman county, a suit to
recover for notes made to secure mortgage.
Costs were alloped plaintiff in both courts
including an attorney fee Of $500 as part of
his costs in the court below.