Modoc Land & Live Stock Co. v. Booth

Belcher, C.

The plaintiffs brought this action to obtain a perpetual injunction restraining the defendants, fourteen in number, from diverting any of the waters of the South Fork of Pitt river or its tributaries.

The case was submitted for decision in the court below upon an agreed statement of the facts, which are in substance as follows:

The plaintiffs own, in severalty, tracts of land in Modoc county aggregating fourteen thousand three hundred and eighty-two acres. The tracts are contiguous, and extend along and on both sides of the South Fork of Pitt river a distance of about twelve miles,…