Smith v. Sanders

WADE, Justice.

E. Penn Smith, plaintiff and respondent herein, brought this suit against Moroni and Ervil Sanders, defendants and appellants herein, to determine his rights to water which arose in a spring and to an easement or a right of way for a pipeline over appellants’ land and to restrain them from interfering with water which arose in said spring on land being bought by Smith and which was conveyed by means of a pipeline which traversed lands owned by appellants to the land being bought by respondent. From a judgment in favor of plaintiff, defendants appeal.

Smith is the assignee of a…