Mahaffey v. Carpenter

This action was brought by Margaret Mahaffey in her own right and as the duly appointed administratrix of the estate of James Mahaffey, deceased, to quiet title to an irrigation ditch constructed by the Mahaffeys’ predecessor across a considerable portion of the lands of respondents and used for the purpose of conducting water from Agency Creek to and upon the lands of appellant.

Respondents, in their answer, affirmatively allege that appellant’s predecessor was permitted to construct the irrigation ditch in question across their lands with the understanding that when the ditch was completed…