William Burnham Woods

“ The evidence excluded was clearly inadmissible. The deed expressly reserved the individual rights in the water. The reservation could not be affected by the evidence offered. When a reservation is made in a deed, it is not necessary, in order to give it effect, that the grantor should, when he executes the deed, assert verbally his right to the property excepted from the conveyance. Evidence that he made no such assertion is clearly incompetent and inadmissible.
We are of the opinion, therefore, that neither of the grounds upon which appellants ask the reversal of the decree is well founded. ”

“ Basey and others is set out in the bill of exceptions. An inspection of the excluded testimony shows that the complaint and answer do not in any degree tend to support the contention of appellants, to-wit, that the 35 inches of water awarded appellee by the decree was awarded to him in trust for the Hellgate & Avalanche Ditch Company. ”

“ Even parol evidence is admissible when necessary to show what was tried in a suit, the record of which is offered in a subsequent action between the same parties. Campbell v. Rankin, 99 U.S. 261. But in order to sustain the exception to the exclusion of the pleadings in the case of Gallagher v. ”