Gutheil Park Investment Co. v. Town of Montclair

The subject-matter of the controversy is a water right for irrigation purposes. The action is equitable in its nature. The complaint has some of the characteristics of a bill to quiet title, and some of the features of a suit to prevent a disturbance or obstruction of a right to use the water for irrigation and to require a transfer of its place of use. The complaint when filed, named as defendants the Town of Montclair and The Northern Colorado Irrigation Company. It contained two causes of action, the allegations of the first of which were directed particularly .against the town, those of…