Nelson v. Robinson

THE COURT.

This action was begun in 1937, and in 1938 plaintiffs filed their second amended complaint alleging in the first count that they were the owners of certain described real estate in San Joaquin County, and that defendants claimed some right, title and interest therein adverse to plaintiffs’ ownership, which claims were without right. In a second count they alleged that defendants had constructed an irrigation canal on their own land along higher ground lying easterly above plaintiffs’ land, and that within three years *264last past had, without right and against plaintiffs’ will, allowed…