Barfield v. South Side Irrigation Co.

Garoutte,

J.—Plaintiff brought an action to cancel a deed given by her to defendant for a right of way for a water ditch, upon the ground of false representations and failure of consideration, and the answer specifically denied all the allegations of the complaint. At the trial it was stipulated in open court that the parties *119intended the deed to transfer a mere right of way for ditch purposes, although the deed in form was a grant.

At the conclusion of plaintiff’s evidence a nonsuit iras granted as to the relief asked in setting aside and canceling the deed, and a decree was also entered that…