Saunders v. Spina

The parties will be referred to by name or as they appeared in the trial court, wherein plaintiffs in error were defendants and defendants in error were plaintiffs.

The action was brought by the Spinas and their tenant Oberle for damages and injunctive relief, basing their claims upon alleged rights as equal co-owners of water carried in an irrigation ditch, in which ditch they own an uncontroverted one-half interest. The Scangas were joined in the action as third party defendants only because they claimed an undivided one-seventh interest in all the priorities hereinafter described. Thus the…