Spaeth v. Emmett

This is an appeal from a judgment and decree in favor of defendants entered pursuant to the district court’s findings of fact and conclusions of law. ,

The action concerns water and ditch rights on two adjoining tracts of land. One of the tracts, which for purposes of clarity we will call the Barnxun tract, is now owned by plaintiff, appellant here. The other tract is owned by defendants, re*233spondents here, and that tract will be called the Spaeth-Emmett tract.

Defendant, Dewey Emmett, died after the action was commenced and his widow as administratrix of his estate has been substituted as a…