Madison v. McNeal

.Holcomb, J.-

These two causes were, by stipulation, consolidated for trial in the lower court and for hearing in this court. They involve a controversy over the right of the Madisons to a portion of certain waters produced by springs and dammed upon the property of McNeal and Wyatt, and to an alleged easement in the pipe lines used in the delivery of such water.

The first entitled action is an assertion of the rights to the water and easement, premised upon prescription and also upon a permit issued and granted by the state supervisor of hydraulics. The second action is an appeal to the…