Wright v. Phillips

The time for appeal from the original decree had expired when this appeal was taken. Defendant contends that the decree of September 21, 1927, is so vague, indefinite and uncertain it is void, and cannot be enforced.

The plaintiff and defendant own adjoining land; that of plaintiff being on the south of defendants. The stream is described in plaintiff’s complaint as follows:

“That at all times herein mentioned, and from time immemorial, there has been and still is a stream which rises in the adjacent foot hills, and flows in a southerly and easterly direction, coming upon plaintiff’s said land…