Frost v. Penfold

This is a suit to enjoin the defendants, appellants here, from cutting the bank of a certain irrigation ditch situate in part upon appellant Penfold's land, and from interfering with respondents' use of the same. Although the complaint prays that the water flowing from the East Waddington spring in said ditch be decreed to plaintiffs, this is not an action to determine priorities or to adjudicate water rights.

In 1887, John Waddington, predecessor in interest of respondents, developed a blind spring upon the lands now owned and occupied by appellant Penfold, and constructed a ditch from said…