Scott v. Henry

RICHARDS, J.—This

appeal is from a judgment in the plaintiffs’ favor in an action brought to enjoin the defendant from interfering with the plaintiffs’ alleged right to maintain and use a water ditch upon and across the defend ant’s land. The plaintiffs, in their second amended complaint, based their claim of right to maintain and use said ditch in common with each other and with the defendant upon their ownership of an easement alleged to have been acquired by plaintiffs from the predecessor of the defendant in the ownership of the servient tenement, and also by prescription. The defendant in…