Stover v. Elliot

This appeal is from a judgment entered in favor of defendants on a suit to determine the right to the waters of a spring located in Jefferson County after a motion for new trial was denied.

Plaintiffs own the SE¡4 of the SE1^ of Section 22, Township 2 North, Range 3 West, M.P.M. Defendants own the remainder of Section 22 and all of Section 23 which adjoins Section 22. The spring is located on defendants’ land at a place where defendants’ ditch must cross plaintiffs’ land if the water is to be beneficially used on Section 23.

The pleadings are somewhat involved but for plaintiffs the issues, as…