The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1900-04-26

and entitled to acquire land under the
land laws, who afterward filed on said
land and on June %, 1878, obtained title
thereto by patent from the United States.
Said Longmire sold the said lands to the
plaintiff on June II, 1888 said lands are
above the lands acquired by plaintiff first
referred to.
about the middle of June, 1871, said
Perkins took out ditch on the west side
of the east branch of Wenas creek for
the purpose of irrigating portion of
his land situated on the island; said
ditch ditch covered about 20 acres.
About the spring Of 1873 said Perkins
took out ditch on the east side of the
west branch OF said creek. running also
onto the island, and covering the said
land covered by the first ditch. In the
spring of 1872 said Perkins took out a
of said creek and irrigated about seven
acres of land. Said Perkins, while he
lived on said land. raised crops on said
lands covered by said bitches, and the
use of said waters so appropriated has
been continuous down to the present
time. A portion of said lands lying east
OF the east branch were irrigated by said
Perkins by means of same natural
sloughs.
"In 1878 plaintiff commenced to irri
gate, and has continued to rrigate since
down to the present time, about thirty
acres of the Lorenzo Perkins land lying
east of the east branch, by means OF a
ditch taken out by plain tiff at that time
from the east branch of said creek, said
ditch being known as the Burbank ditch.
The lands lying west of the west branch
on the Lorenzo Perkins place. other than
were brought into cultivation and irri-
gated by sloughs and bitches after plain
tiff acquired title to the same by pur-
chase from Charles Longmlre, and the
lands on the presumption were princi-
pally irrigated from sloughs, common
cling about 1879.
I'm the spring of 1873 Arson White,
citizen of the United States over the age
of twenty-one wears, and at said time
having the right to settle upon and ac
quire title to lands of the U. S. under the
land laws thereof, made settlement and
established residence upon the sell of
the ne14 of sec 80, the VIZ OF the sw14
and the sw14 of nwl4 OF sec. 20, twp. 10,
N. r. IS, +. W. NJ. Ten acres of this
land, situated on the island, was covered
by the first two bitches taken out by
plaintiff on his presumption. Said White
of 1874 when he sold and transferred to
plaintiff all his interests in said land.
Plaintiff then made homestead filing
on said lands in the U. S. land office at
Walla Walla, Washington Territory, land
thereafter, on the 10th day of April 1888,
obtained title by patent from the U. S
government. At the time plaintiff ac-
quired said lands from White, ten acres
on the island was irrigated as aforesaid,
and ten acres east of the east branch
were irrigated by means of sloughs and
has continued down to the present time.
"In 1878 plaintiff constructed what is
known as the Burbank ditch, which
will not particularly describe, but which
was taken out OF the east side of the east
branch at the head OF slough on what is
now the place owned by Malissa Rice
this ditch covered eighty acres OF the
homestead east of the east branch and
has been used for irrigating said lands
ever since.
Sin 1884 plaintiff took ont. or helped
/ take out, what is known as the Wenas
ditch, which covered some twenty or
thirty acres not covered by Burbank
ditch on the homestead of plaintiff. /
| find that the plaintiff has gradually and
with due diligence brought into cultiya-
ton the lands described; that from the
time OF his settlement up until about en
years ago the character of crops raised
by him on the above described ands re-
quired irrigation not later than the first
day OF July of each year.
81 further find that in the early season
OF the year, up until about the Goth of
June. there seems to be plenty of water
a. used prior to the bringing OF this suit.