Geddis v. Parrish

The opinion of the court was delivered by

AllyN, J.

Parrish, appellee, seeks to establish his title to an irrigating ditch having its flow from a spring upon the land of appellant, and across which it flows to the property and ditch of appellee (plaintiff). Appellant contends that the original flow from this spring was slight, and at times scarcely at all, and the flow, now large and valuable, is from the seepage of irrigation above; that the spring is not a flowing one; and also denies prior appropriation to appellant’s title. The evidence of a large number of witnesses, who testified to…