Venegas v. Luby

SADLER, Justice.

The defendant below, Luby, seeks by review on appeal to reverse a decree of the trial court denying the existence of an easement for irrigation purposes on a certain tract of plaintiff’s land for the benefit of defendant’s land adjoining it on the west and enjoining the latter from maintaining irrigation ditches across the plaintiff’s land. In this suit one Charles A. Keeling and wife, Reba W. Keeling, also were joined as defendants but unless otherwise indicated any reference to a party as defendant hereinafter will intend Luby only.

The defendant as appellant in this Court…