IN THE DISTRICT COURT OF THE SIXTH JUDICIAL DISTRICT, IN AND FOR THE STATE OF UTAH AND COUNTY OF KANE. Richard S. Robinson, : Plaintiff : : Vs. : : Julius Mackelprang, German Buchanan, Fred Jackson, : SUMMONS. Joseph Chatterly, John W. Glazier, Chas. B. Shumway, : Hyrum S. Shumway, J. E. Chesley, Cawthra Greenhough, : Joseph Humphries, and James Glover, : Defendants : THE PEOPLE OF THE STATE OF UTAH SEND GREETINGS: To Julius Mackelprang, German Buchanan, Fred Jackson, Joseph Chatterly, John W. Glazier, Chas. B. Shumway, Hyrum S. Shumway, J. E. Chesley, Cawthra Greenhough, Joseph Humphries, and James Glover, Defendants, You are hereby required to appear in an action brought against you by the above named plaintiff, In the District Court of the Sixth Judicial District of the State of Utah and County of Kane, and to answer the complaint filed therein, within ten days (exclusive of the day of service) after the service on you of this summons if served within this County; or if served out of this County, but within this district within twenty days; otherwise within forty days or judgment by default will be taken against you, according to the prayer of this complaint. The said action is brought to determine a claim made by you adversely to this plaintiff, in and to the waters of Johnson Run, (comprising the waters of Johnson and Flood Canyons and springs along said streams) situated in Johnson Precinct, County of Kane, State of Utah, and fully described in the complaint on file herein, and that you be required to produce your title if any you have to said water, and that the same and the pretended claim, right, title and interest of you to said water and every part thereof may be adjudged and decreed to be invalid and void; that you may be barred of and from all right, title and interest to said water and every part thereof, and that plaintiff's title may be adjudged to be a good and valid one as against you, and for costs of Court. For fuller particulars reference is made to the complaint on file herein. And you are hereby notified that if you fail to appear and answer the said complaint as above required, the said plaintiff will apply to the Court for the relief therein demanded, and costs of suit. WITNESS the Hon. W. M. McCarty, Judge, and the Seal of the District Court of the Sixth Judicial District, in and for the State of Utah and County of Kane this 8th day of May A.D. 1896. (signed) Joel H. Johnson Clerk.
IN THE DISTRICT COURT SIXTH JUDICIAL DISTRICT. Kane County, State of Utah. Richard S. Robinson, plaintiff, vs Judgment Julius Mackelprang et al ,defendants. This cause, coming on for hearing, on the 25th day of May 1896, the regular May term of this court held at the city of Kanab in the county of Kane, and State of Utah; the plaintiff appearing in person and by attorneys H.E. Bowman Esqr, and J.F. Brown Esqr, the defendants appearing in person, and by attorneys W.P. Sargent Esqr, and J.B. Jennings Esqr; both parties announce ready for trial. The cause was submitted to the court upon the complaint, the Cross-complaint and answer, and the evidence of the parties; the court after the hearing of such testimony, the arguments of the counsel, and being fully advised in the premises ( the finding of facts and conclusions of law) having ben waived by the parties) renders the following judgment, to-witt: It is ordered, adjudged and decreed that, the plaintiff is the owner of and entitled to the use of one third (1/3) of all the waters flowing in or along a certain water course or channel described in the complaint herein as "Johnson's Run", at a point in said channel (where defendant Buchanan's Dam is constructed in said channel (where defendant Buchanan's Dam is constructed in said channel), from and after the first day of October in each and every year, up to and including the first day of April in each and every year, and a sufficient amount of the high and surplus waters of said stream to fill his ditch leading from said channel to a certain Reservoir owned and controlled by him, as described in his complaint herein , and to keep said Reservoir filled to its full capacity during such period or periods as there are high and surplus waters in said water course or channel. And it is ordered, adjudged, and decreed that the defendant German Buchanan is the owner of and entitled to the use of two thirds (2/3) of the waters of said stream or channel during said period in each and every year, commencing on the first day of October, and terminating on the first day of April; and it is ordered, adjudged and decreed that the said German Buchanan is the absolute owner of and entitled to the exclusive use of all the waters of the said stream or channel from and after the first day of April up to and including the 30th day of September of each and every year, or so much thereof as any be necessary to fill his ditch to its present full and carrying capacity. And, it is further ordered, adjudged and decreed by the court that said stream of water shall be divided between the said parties last above mentioned as follows, to-wit: the said plaintiff shall be entitled to the use of the whole of the stream for the period of one week, commencing on the first day of October 1896 (and every year thereafter) and at the termination of said period of time (one week) the defendant German Buchanan shall be entitled to the use of the whole of said stream for the period of two weeks, and thereafter alternately, up to and including the first day of April 1897 ( and every year thereafter). And it is further ordered, adjudged and decreed that the said defendants, and each of them, their agents, servants, attorneys, and all persons acting under them or either of them are hereby perpetually injoined restrained and prohibited from in any manner interfering with plaintiff's right to the use of the water here- inbefore mentioned, as hereinbefore defined and adjudged. And it is further ordered, adjudged and decreed, that the plaintiff, his agents, servants, attorneys, and all persons acting under them or either of them are hereby perpetually injoined, restrained, and prohibited from in any manner interfering with the defendant German Buchanan's right to the use of the said waters hereinbefore mentioned, as hereinbefore defined and adjudged And, it is further ordered, adjudged, and decreed that, the plaintiff do have and recover his costs herein expended from the defendants and each of them taxed at ____________________________ dollars and _____________________ cents;, except the said defendant German Buchanan, against whom the judgment for costs herein does not apply, Dated this May 26, 1896. (signed) W.M. McCarty District Judge.