Archibeck v. Mongiello

COMPTON, Justice.

This appeal involves a controversy between the servient and dominate estate owners. Appellees are the owners of tracts 8, 9, and 10, of Casas Escondidas Addition, a Subdivision in School District 22, Bernalillo County. Appellant’s land is to the south and adjacent thereto. There is a community irrigation ditch extending from west to east across appellees’ tracts some 24 feet north of their south boundary line, from which appellant irrigates his land. "^On or about June 29, 1951, appellee Ben Mongiello removed a water gate box from the ditch, and appellant seeks to restrain…