Groff

The first two of the above-entitled actions were tried together and, at the close of the evidence, the court instructed the jury to return verdicts in both eases in favor of the defendant. On the return of such verdicts judgments were entered thereon in favor of the defendant. The last of the three actions was tried before the court without a jury, but upon the evidence introduced in the other eases and additional evidence taken after the rendition of such verdicts. Findings and judgment went in favor of the defendant and the plaintiffs in all three actions have appealed on a single record, and the appeals have been argued together.

Plaintiff Browning is the owner of agricultural lands within the defendant district and the other plaintiffs are his tenants. In the year 1918 an irrigation canal was constructed by the defendant through Browning’s land and water has been conducted through the canal for irrigation during every season since 1919. Browning, who was a trustee of the defendant at the time the plans for the canal were adopted and had theretofore had extensive experience in reclamation work, executed deeds, after the construction of the canal, conveying to the defendant “an…