Platte Valley Irrigation Co. v. Central Trust Co.

By adjudication proceedings had in 1883, the Evans ditch No. 2 and the Hewes and Cook ditch were each awarded priorities to water.from the South Platte river for the purpose of irrigation. The priorities awarded the Hewes and Cook ditch are in advance of those awarded the Evans ditch. The appellant has succeeded to the ownership of the latter ditch and its priorities. Appellees, except the officials named, are the tenants in common of the Hewes and Cook ditch and its priorities. In April, 1900, appellant brought an action against the appellees to restrain them from the alleged unlawful…