Summary

Commonwealth Trust Company of Pittsburg v…

The plaintiff takes the position that the suit is simply one to foreclose a distinct lien on particular water rights and lands, in which the other holders of water-right contracts have no interest, and that a final decree determining the issues in the plaintiff's favor and granting the relief sought can neither affect the other holders of such contracts nor work any embarrassment or inequity to the defendants. In our opinion that position is not tenable. The suit is much more than one for a simple foreclosure.
Source: Wikisource

Commonwealth Trust Company of Pittsburg v…

If, therefore, the supply of water is not adequate for the reclamation of the acreage for which water-right contracts are outstanding, and yet is adequate for the reclamation of a smaller acreage, as is asserted on one side, it is evidence that some of the contracts must be eliminated before any of the lands can be said to be reclaimed, or be adjudged subject to such a lien.
Source: Wikisource

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