Dykzeul

This is an ordinary action to quiet title wherein plaintiff alleged ownership of certain described real property and that defendant “claims some right, title, interest, estate or lien in or to the above described real property adverse to these plaintiffs. . . .” Plaintiffs and appellants herein, a few months before this action was commenced, purchased, as joint tenants, a tract of land (approximately 1,100 acres which originally was a part of the Rancho Pauma) lying in the northeasterly section of San Diego County. Upon taking possession of the land, plaintiffs learned that the defendant owned a tract of land of approximately 34 acres which, in part, bordered upon the southerly boundary line of the plaintiffs’ tract. For many years a small stream of water has flowed across this 1,100-acre tract and into the San Luis Rey River, the source of which arose in the mountains northeast of the rancho. It flowed diagonally southwesterly through the westerly corner of the 1,100-acre tract, thence across a small portion of lot 3 of defendant’s land and thence diagonally southwesterly across lot 2 of the same land. The stream of water crossing this property is fed to some extent by springs…