Melville Fuller

“ We perceive no adequate ground for declining to accept that conclusion.
The description of the land was by sections and townships, and 46 sections were enumerated. As the sections, if full, would contain 29,440 acres, and as the enterprise embraced 22,000 acres, though it was estimated by the Maxwell contract that the ultimate capacity of the ditch might be adequate to the irrigation of 30,000 acres,-it is insisted that the description was void for uncertainty, or that the decree was erroneous, as including more land than could on any theory be held to appertain to the ditch. ”

“ By section 1520 of this statute a lien is given for work or labor done at the instance of the owner of the improvement, 'or his agent'; by section 1529 it is provided that every improvement 'constructed upon any lands with the knowledge of the owner or the person having or claiming any interest therein, shall be held to have been constructed at the instance of such owner or person having or claiming any interest therein,' unless he shall give notice that he will not be responsible for the same ”

“ The claim duly filed by Ford was preceded by a title describing the Springer Land Association and others and the Maxwell Land-Grant Company and others as 'owners or reputed owners,' and stated a demand for the sum of $17,634.27 as 'the balance due and owing to the said Patrick P. Ford by the aforesaid owners or reputed owners, after deducting all just credits and offsets, for excavating and embankments done and performed by him under a certain contract entered into by the said the Springer Land Association, a copy of which contract is hereto annexed, and made a part of this claim of lien. ”