Rollins v. Fearnley Investment & Real Estate Co.

Cunningham, Presiding Judge.

Appellant, Rollins, as plaintiff below, in April, 1909, filed his complaint to quiet title to a certain ditch and to *86a water right incident thereto, averring complete ownership and absolute title of both to be in himself. In 1903, Rollins instituted an injunction proceeding against the appellee Investment Company et al., in which the same question, viz.: the title to the ditch and water here involved, was litigated. In the first action Rollins obtained, ex parte, a preliminary injunction restraining -the investment company and its tenants from diverting and using…