Collins

In this action defendant was enjoined from interfering with the pipe-line, or the water carried through the same, used by plaintiff in irrigation; from which judgment defendant appeals.

The second amended complaint, which is the only complaint in the record, avers: 1. Ownership by plaintiff as tenant in common of an undivided two-ninths of a certain described pipe-line having an alleged capacity of one hundred inches of water; 2. Facts which, if true, establish an easement in such pipe-lines to the extent of carrying through the same forty inches of water for four days of each month during the irrigating season, for use on plaintiff’s land.

The court found against plaintiff as to the ownership of a definite interest in the pipe-line; but found that plaintiff and his grantors have used such pipe-line openly, notoriously, peaceably, exclusively, uninterruptedly, under a claim of right and title thereto, and adversely to defendant and to the whole world and with defendant’s knowledge and acquiescence, for more than five years last past for conveying water to the plaintiff’s said premises, sufficient to irrigate the same thoroughly and in a proper manner; that plaintiff and his…