Jones

Action to quiet title. It is alleged in the complaint that plaintiff, Mrs. J ones, is the owner, as her separate estate, of section 4, township 19 south, range 22 east, in Kings county, and also of all water ditches passing across said land, except what is called the Settlers ditch; that defendants claim some interest or estate in said premises, namely, the right to run water over said land in ditches now existing on said land, but that said claim is without right, etc.

Defendants in their answer deny that plaintiff, Mrs. Jones, is or ever was the owner of the water ditch mentioned in the complaint; allege that in 1897 one Mary Kirkendall was the owner of said land and at the same time one Mary Deardorff, wife of Samuel Deardorff, was the owner of the north half of section 8 in said township and range, and that defendant, together with one Oscar Deardorff, are now the owners thereof; that said Mary Kirkendall conveyed in said year by deed a right of way for a lateral ditch through her said land from the said Settlers ditch, for the benefit of said land in said section 8, which deed was duly acknowledged and recorded ; that immediately thereafter said Samuel and Mary Deardorff…