Ovard v. Cannon

CROCKETT, Chief Justice:

Plaintiffs Ovard sued to compel defendant Cannon to remove obstructions he had placed in an irrigation ditch which ran across his land to plaintiffs’ property. Defendant denied plaintiffs’ right to a ditch easement; and as a separate proposition, counterclaimed that plaintiffs’ boundary encroached upon defendant’s land to the extent of 10.75 feet for its entire length of 225 feet.

Upon a trial to the court, it made findings and entered judgment in favor of the plaintiffs on both propositions: 1 that they had an easement for the ditch; and that the defendant’s…