Smith v. Corbit

Belcher, C.

This is a suit to determine a water right. The court below adjudged that the defendant’s right to take and use water out of the stream in controversy, “for all his uses on the land occupied by him,” was “ paramount, to the right of plaintiffs to use said water,” and from that judgment the plaintiffs appeal on the judgment-roll.

The findings are in substance as follows: On November 3, 1875, and for a long time prior thereto, one Mrs. Munoz was the owner and in possession of a tract of land on which a small stream of water arose, and flowed thence through the same in a well-defined…