Checketts v. Thompson

Respondents (plaintiffs below) brought this action to quiet their title as against the claims of ap pellants (defendants below) to a waterhole and right-of-way to the same, both on lands occupied and being purchased by appellants, and to recover damages alleged to have been sustained and caused by appellants in filling in said waterhole and in depriving respondents of the right to use of same, and of said right-of-way. The right-of-way and waterhole are located on a forty-acre tract adjoining and south of respondent’s land hereinafter referred to as the McCarey land.

The trial was before the…