Mathiesen v. North Poudre Irrigation Co.

Opinion by

Mr. Justice Teller.

The defendant in error brought suit for an injunction to restrain the plaintiffs in error from diverting water from the Fossil Creek Inlet Ditch, by which its reservoir was supplied, and to have title to said water quieted in plaintiff.

The complaint alleged a sale by plaintiff, in 1905, to the defendants’ grantors, of the north-east quarter of section 15, and the south-east quarter of the south-east quarter *262of section ten, all in Tp. 6 N. Range 68 W.; that the defendants had, during the year 1906 and since that time, unlawfully diverted through a tile head-gate in…