White Bros. v. Watson

Appeal from a judgment sustaining a general demurrer’ to appellant’s amended complaint, which is long but which, so far as essential to our consideration, may be epitomized as follows': Yakiwawai creek, a stream not navigable, has its source in Whitman county, Washington, about two miles above the land of respondents described in the complaint, and thence flows to and across that land and the lands of the appellant, also described in the complaint. The re*667spondents acquired their land by filing thereon as a government homestead on April 16, 1902. In 1881 the appellant’s predecessors in…