Jensen v. Birch Creek Ranch Co.

In this proceeding the plaintiffs seek both equitable and legal relief. The state of Utah seeks no relief, filed no pleadings, and took no part in the trial court, and does not appear in this court. When, in this opinion, we mention the defendants, we mean the defendants other than the state of Utah. The defendants seek affirmative equitable relief. Plaintiffs allege in their complaint that they are the owners of the right to use a stream of 5 cubic feet per second of the water of Trout creek, and that the defendants during the years 1920, 1921, 1922, and 1923 wrongfully deprived plaintiffs…