Central Trust Co. v. Culver

This was an action by appellee against appellant to restrain appellant from diverting from thte Little Thompson river water for the purpose of irrigation awarded to ditch No. 9 under priority No. 10. After issue joined the case was tried to the court without the aid of a jury. The only issue involved was one of fact, that is, whether or not the rights awarded as priority No. 10 under a decree rendered in May, 1883, to the predecessors in title of appellant to such priority had been abandoned.

*94There was evidence for appellee that ditch No. 9 had not been used since the date of said decree in…