Oliver v. Robnett

The plaintiff owns land through which Cottonwood Creek flows. He brought this action to quiet his title to a portion of the waters of this stream. Defendants Charley C. Larkin and Ellen Larkin and defendant Isaac Robnett also own riparian land on Cottonwood Creek, above plaintiff’s land. The defendants Dick own nonriparian land to which water has been diverted from Cottonwood Creek and Isaac Robnett also owns a tract of nonriparian land known as the “Home Place,” to which water has been diverted. The action thus involves both riparian rights and the prescriptive rights of nonriparian owners…