Fitzell v. Leaky

The action is to enjoin the defendant from selling, as sheriff, one fourth of a water ditch, and of the water flowing through it, claimed by plaintiff, as appurtenant to and part of his homestead. The court below decreed an injunction.

At the trial the defendant introduced in evidence the judgment roll in an action wherein one G. F. Kelly was plaintiff and the plaintiff herein was defendant. That action was brought by the plaintiff to quiet his title to a tract of four and one half acres of land, described by metes and bounds, so as to include the land occupied by a ditch, in part the ditch…