Harris v. Harrison

This action was brought to quiet plaintiffs’ title to the right to the use of certain water, alleged to flow naturally through a stream called Harrison Cañón. Judgment was rendered for plaintiffs, and defendants appeal.

Plaintiffs and defendants are the owners of adjoining land, ■—■ defendants’ land lying on Harrison Cañón above and to the north of the land of plaintiffs. ■ The real merits of the case — underlying incidental points of pleading and practice — rest upon the issue whether or not there is any watercourse in Harrison Cañón. Defendants undertook to maintain by their evidence that…