Armstrong v. Payne

This is an action by riparian owners along Fitzhugh Creek, in Modoc County, to quiet their title to all the waters of Fitzhugh Creek and enjoin the defendants from interference therewith. The defendants rely upon an appropriation of 200 inches made in 1886 and one of 50 inches made by defendant Gertrude French in September 1912, and upon adverse use of the waters of said stream from 1886 and 1912, respectively. The trial court found that there was no prescriptive right in the defendants in and to any portion of the waters of Fitzhugh Creek and adjudged that all the waters of said creek…