Hamaker

By this action plaintiff sought to quiet her title to eighty acres of land. The answer alleges that the defendant owns easements in the land to maintain and operate a certain water ditch and its branches, an electric transmission line, a telephone line, and an aqueduct, together with a definitely described right of way through which said aqueduct is maintained. The court found that at the commencement of the action the defendant owned, maintained and operated the water ditch, electric line and telephone line, “together with a right of way therealong for the purpose of maintaining, patrolling, repairing and oper ating” the same. The court also found that the defendant acquired by a judgment of condemnation, rendered January 22, 1917, the alleged right of way for an aqueduct, in which judgment, as well as in the judgment herein, such right of way was particularly described. In the first judgment the character of the aqueduct proposed to be constructed was described, in general language, as consisting of a tunnel and an open ditch, without giving the capacity of the aqueduct or the dimensions of the tunnel or ditch. The judgment contained certain conditions to be performed by…