Silvernale v. Logan

(Pro Tempore).

Defendants have appealed from an equity decree which adjudged a ditch and water pipeline to be easements by implication appurtenant to land, enjoined interference therewith, and awarded $500 damages to plaintiffs.

Plaintiffs’ and defendants’ adjoining tracts were part of a larger acreage patented to the Wilbers. The Wilbers, before disposing of any of this homestead, developed and obtained a right for water arising in a spring off the land, and brought it to the land through a main ditch, sometimes called “the creek.” The evidence is conflicting but it appears that some of this…