SWEET v. Irrigation Canal Co.

Plaintiffs brought this suit as an abutting owner to obtain a decree enjoining the maintenance by the defendant of an irrigation ditch in a county road as an open ditch which interferes with the plaintiffs’ right of ingress and egress to and from their land.

Defendant, in its amended answer, denies that the *171ditch is in the county road, and sets up certain affirmative defenses which may be summarized as follows: (1) Adverse possession. Defendant alleges that the ditch was constructed in April, 1937, upon lands belonging to plaintiffs’ predecessors in interest, who, for a valuable consideration…