Hunceker

The two actions, numbered as stated above, were consolidated for the purposes of trial and were presented to this court upon one transcript, heard as one cause, and will be so considered in this opinion. The action involves the validity, priority, and extent of water rights claimed by the respective • parties in the waters of Rock Creek, a natural stream situated in the county of Shasta.

The action was brought by the plaintiff to quiet title to 120 inches measured under a four-inch pressure of the waters running and being in said Rock Creek. His claim or title thereto is based upon prescription or adverse use. The respondent’s land consists of forty acres situated in the vicinity of said Rock Creek and susceptible of irrigation therefrom.

Prior to the commencement of this action and on or about the nineteenth day of June, 1908, a 'judgment was made and entered in the Superior Court of Shasta County adjudging and decreeing that the grantors and predecessors in interest of the appellants herein were the owners of and entitled to take and receive from said Rock Creek, through a certain ditch known as and called the Stone ditch, 500 miner’s inches of water prior to any right, title,…