Caldwell v. States

James P. Caldwell, H. L. Palmer, the Dingman Land and Fruit Company, E. E. Smiley and Frank Benzing, called herein the plaintiffs, sued Gilbert W. States. They sought an injunction restraining the defendant from using water from the Roseberrv ditch, and from interfering in any manner therewith. In his answer the defendant, after denying some of the plaintiff’s allegations, pleaded laches and estoppel, and also pleaded a counterclaim, claiming- an undivided one-third interest in the ditch and in the water rights belonging thereto, and praying that said interests be quieted in him, and that the…