Middelkamp v. Bessemer Irrigating Co.

In this action judgment was upon the pleadings. The plaintiff in error, being plaintiff in the court below, in his complaint filed April 11, 1900, alleged, in substance, the corporate capacity of the defendant; plaintiff’s ownership, July 24, 1894, and ever *104since, of certain lands (describing them) of alleged high value; the defendant’s ownership of the Bessemer irrigating ditch by which it diverts large quantities of water from the Arkansas river and distributes it along and under said ditch for irrigation, and domestic purposes; that his lands are on the south side of the Arkansas river…