Stamatis v. Johnson

FAULKNER, Superior Judge.

Appellees (plaintiffs below) brought suit against appellants (defendants below) for a mandatory injunction to compel the latter to reopen and restore to its former condition an open irrigation ditch located on the defendants’ land' and in which plaintiffs claimed a prescriptive right of use. Judgment for mandatory injunction and permanently enjoining the defendants from interfering with the ditch was granted. From this judgment defendants have apr pealed.

The undisputed testimony shows that the open irrigation ditch involved in this action was used by plaintiffs and…