Brown

This action involves a controversy over an easement in certain of the lands of the defendant for the maintenance of a lateral water-ditch over and through said lands. It is conceded that the plaintiffs are entitled to a right of way over the defendant’s lands for the maintenance of a water-ditch, but the dispute is the outgrowth of an attempt upon the part of the defendant to change the route or course of said ditch over his lands, it being the claim of the plaintiffs that a way for- the purposes of the ditch had previously been located and established.

The principal relief prayed for by the complaint is for a decree quieting the title of the plaintiffs to an easement for the use of said ditch in that particular part of the defendant’s lands over and through which the route or line of the ditch now runs.

The plaintiffs were awarded judgment, from which and the order denying him a new trial the defendant prosecutes these appeals.

The judgment and the order are assailed upon the following grounds: 1. That the second amended complaint is obnoxious to the objections pointed out by the special demurrer; 2. That certain findings are without sufficient support from the evidence; 3.…