Hepler

Hepler v. Wright

Good Law
1917 Cal. App. LEXIS 466·35 Cal. App. 567·170 P. 667
Court of Appeal of CaliforniaDecember 13, 1917Civ. No. 1407.California4,520 words

Opinion

Lead Opinion

Chipman, J.

Plaintiffs bring the action to have their right determined to six inches of water measured under a four-inch pressure, for an injunction restraining defendants from diverting the same or any part thereof, and for damages in the sum of five hundred dollars for defendants’ alleged interference therewith.

It is alleged in the second amended complaint that plaintiffs Charles and Emma Hepler now are and for more than twenty years last past have been the owners of and have occupied, used, and farmed certain lands, to wit, lots 2 and 3 of block 7 of the town of Crescent Mills, Plumas County, California. That the said plaintiffs last named and plaintiff Kelley are the owners and for mere than twenty years last past they and their predecessers in interest have been the owners, in possession, and occupying lot 1 of block 7 aforesaid. That plain tiffs Charles and Emma Hepler are in possession and entitled to the possession of said lot 1, and are farming the same under lease with their said co-owner, and are the owners of all the crops now grown on said lands or to be grown thereon. That plaintiff Kelley has no interest therein. “That all of said lands are agricultural in character and…

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