Morgan v. Udy

GIYENS, J.-

Respondent owns the E-|NW¿; W-INEi and the NE-|SW|- in section 28, tp. 13 S. R. 25 E. B. M. on both sides of Cassia Creek which flows generally northeast.

The land lying north of and adjacent to Cassia Creek slopes south and east, the land lying south slopes to the north. Appellants own land to the west and south of respondent on both sides of Cassia Creek. Respondents’ predecessors in interest, in the District Court of the Fourth Judicial District in and for Cassia County, in the case of Darby v. Jones, in 1893, wherein appeared the predecessors in interest of all the parties…