Jones v. Sander

The opinion of the court was delivered by

Hoyt, J.

— Appellee brought an action against a large number of defendants to restrain them from diverting the waters from "Wilson creek so as to prevent a certain flow therein through his land situated on said creek. Some of the defendants, by way of answer, set up a claim to certain water of said creek, and asked that it be decreed to them. Upon the trial of the cause the question of the rights of the respective parties as to the waters of such creek were gone into, and the decree of the court established the same, not only as between each of such…