Rogers v. Cation

Driver, J. —

Plaintiffs brought this action to quiet title to an easement to use, on their own land, the waters of a spring arising on the premises of the defendants and to enjoin the latter from interfering with such easement. A trial to the court resulted in a decree in favor of the plaintiffs, and the defendants Everell L. Cation and Olive Ella Cornwell appealed. Pursuant to a stipulation of the parties, the action has been abated as to respondent V. H. Rogers, and Mary Fowler Rogers is now the only respondent.

A shallow valley runs from east to west across the farm lands involved in the…