Offield v. Ish

The opinion of the court was delivered by

Reavis, J.

Suit to enjoin the diversion of water. In November, 1877, respondent settled upon the lands described in the complaint and received a patent therefor in February, 1882. A stream of water, formed from confluent springs, flowed across the premises, entering from the south side thereof and running thence in a northerly direction to the Snake river, on the northern boundary of said premises. Appellants severally occupy premises further up the stream, and through which it flows. Appellants’ grantor settled on premises, upon which they have been…