Peck v. Howard

This is an action to quiet title to a pipe line and the water flowing therein and to enjoin defendants from interfering with said pipe line and from diverting or using said water. The trial court found in favor of the plaintiff and from the judgment which followed, defendants prosecute this appeal, urging (1) that the evidence does not support the findings and judgment that respondent and her predecessors in interest owned the right of way across the land of appellant, Frances Howard; (2) that the deed of Almeda T. Cook-ins created a water right appurtenant to said appellant’s land and the…