Wixson v. Devine

The question in this case-is, whether the judgment in a prior action is an-estoppel in this. In the first action Wixson sued Devine-and wife-for tearing out his dam and interfering with his diversion of twenty-five inches of the stream at his damn In his answer in that action, Devine claimed to-have appropriated all the water of the stream prior to any appropriation by Wixson, but he did not show at what point or points he had made a diversion of the water. On the trial he attempted to show a prior appropriation by diversion below the point of plaintiff’s dam of all the water flowing in the…