Masterson v. Pacific Live Stock Co.

The testimony shows that the principal part of the lands of the defendants involved herein were irrigated from Cottonwood creek; that since the adjudication the successor in interest of the Pacific Live Stock Company has constructed a ditch in the N. E. 1/4 of the N. W. 1/4 of Sec. 5, T. 20 S., R. 36 E., W. M., a short distance above the ditch of the plaintiff. The only irrigation upon the lands of the defendants by means of water from Otis creek prior to the adjudication was by overflow at times of high water. It will be seen by reference to the decree in the adjudication proceedings pleaded…