Dawson County Irrigation Co. v. Stuart

Upon a rehearing in this case we have concluded that the judgment of the trial court should have been affirmed.

The theory of plaintiff’s suit is an action in equity to quiet title (Comp. St. 1929, sec. 76-401) to an easement in lands for an irrigation ditch over defendants’ farm by reason of a prescriptive right (Comp. St. 1929, sec. 20-202).

Defendants by answer make general denial, and admit that plaintiff constructed an irrig-ation ditch over defendants’ lands in 1930, but allege that the then owner (now deceased) was in California at the time and without knowledge of its construction; that…