Neville v. Louden Irrigating Canal & Reservoir Co.

T!he defendant in error brought suit and obtained a decree to quiet its title to a right of way through the land of Neville and to define the scope and extent thereof. The decree fixes the right at varying widths in different parts of the land, depending on the topography and the consequent varying necessities for maintenance, repairs, etc. The title of plaintiff to the right of way was by prescription, i. e., user for about thirty years.

The plaintiff in error claims that the judgment should not be governed by the necessities, but, since the title was by prescription, the right must be…