Watkins v. Simonds

WAHLQUIST,. District Judge.

This is an appeal from summary judgment granted in the court below in favor of the defendants and respondents. For the purpose of considering whether or not summary judgment should have been granted, this court accepts all of the plaintiffs’ (the appellants) allegations made below as facts.

All of the land in question was owned by a farmer, Wilford Seequist, who subdivided it. The area now known as Block 2 of Holiday Heights Plat “A” Subdivision in Salt Lake County, had been . farmed for over 35 years-and the irrigation water.had run as shown by the line labeled…