Costa

This is an action to determine conflicting claims to the waters of Purdy Creek, sometimes known as Long Valley Creek, in Sierra County, California. Plaintiff also claims damages on account of defendants' alleged wrongful diversion of these waters. The trial court made its findings and rendered its decree giving to plaintiff the right to the ,use of two-fifths and to defendant Catherine L. Lemmon three-fifths of the waters of said creek, enjoining all the defendants from interfering with the right of plaintiff to the use of said two-fifths of said waters, awarding plaintiff damages against defendant Costa for $1,654, and allowing plaintiff her costs and disbursements, taxed at $377.05, against all of the defendants. The appeal comes to this court upon the judgment-roll and a bill of exceptions.

The facts relative to this litigation as found by the court are as follows: “That the plaintiff now is and for more than forty-two years last past she and her grantors and predecessors in interest have been the owners of all that certain ranch situated in Long Valley, County of Sierra, State of California, and more particularly described as follows: The W. % of NE. % of Section 13; all that…