Beatty

This is an appeal from a judgment in favor of the plaintiffs and from an order denying a new trial in a proceeding instituted to obtain the issuance of a writ of mandate.

The substantial facts upon which the proceeding was predicated, and which are in the main undisputed, are these: The plaintiff, Margaret Jane Beatty, became in the month of August, 1910, and has since continued to be the owner and in possession as her separate property of lot 232 in Clark Colony, a subdivision of the Rancho Arroyo Seco in the county of Monterey. The plaintiff, James Beatty, being her husband, is joined with her in the action. The defendant, Clark Colony Water Co., is a co-operative corporation composed of the owners of lots in said subdivision, and organized for the purpose of supplying to each of these lots and to the owners thereof a certain amount of water for irrigation during each year. To the owner of each lot in said tract certificates of stock are issued, wherein the corporation agrees to deliver to the owner thereof water for the proper irrigation of his lot or lots so long as the assessments annually levied upon such shares of stock to cover the cost of such delivery are duly paid. The…