Churchill v. Lauer

Hayne, C.

This was a suit by ten plaintiffs against eighteen defendants to enjoin the latter from diverting the water of a stream called Pine Creek, in Modoc County. The complaint contains two counts. The first count alleges, in substance, that each plaintiff is the owner in severalty of a described lot of land, and that “ all the said lots of land constitute one complete lot and body of land, and are all irrigated by the same stream of water, and from a common source, and cannot be.irrigated by any other source.” As we construe this count, it alleges that all of the plaintiffs are riparian…