Munsee v. McKellar

This suit involves the ownership and use .of the waters of certain springs, called Munsee’s Springs, situate near the desert, in Tooele County. The plaintiff is the owner of a tract of land consisting of about 120 acres; the defendants the owners of about 160 acres adjoining. The springs are about three miles from the plaintiff’s land and a little farther from the defendants’ land. It was alleged by the plaintiff that at the time of the filing of his complaint he was, and for more than thirteen years prior thereto he had been, the owner *284of the waters of the springs and of a ditch from the…