Fryer

This action was commenced for declaratory relief and to settle a controversy between two brothers and for injunction against defendants’ interfering with plaintiffs’ right to an easement over defendants’ land, polluting water in a tank owned by the parties as tenants in common, draining the water from the tank to such extent as would prevent its free flow therefrom, and preventing plaintiffs from keeping the tank filled.

Prior to September 5, 1935, Sarah R. Fryer was the owner of lots 1, 2, 3, and 4 of tract 2154, Los Angeles county. For about thirty years prior thereto defendants were the owners of lot 6 of the same tract. Mrs. Fryer’s lands were a series of adjoining parcels aggregating about 50 acres adapted to citrus culture. Lot 6 consisted of 14 acres and had been a productive orange ranch during its ownership by defendants. On September 5, 1935, Mrs. Fryer conveyed the four parcels to her children as follows: to Walter, lots 1 and 3; to William, lot 2; to her daughter Cullie, lot 4. Both Cullie and Walter were granted rights of way over lot 2, on which at that time there was a well and a pumping plant. Evidently for the purpose of providing each of the three children with…