Lemm

This is an appeal from an order of the superior court granting a temporary injunction. The plain tiffs set forth in their complaint that they are the owners' of certain lands situate in the county of Shasta, comprising about 553 acres, and that they and their predecessors in in- ■ terest for more than fifty years have been the owners of a certain water ditch taking water out of a certain stream known as Cow Creek; that the water belonging to the plaintiffs is taken at a point on said creek and carried thence in a ditch in a general westerly direction parallel to said stream over and to the lands of the plaintiffs hereinbefore referred to and there used for irrigation purposes; that said water ditch in its course passes along and over a certain tract of land belonging to the defendant before reaching the lands belonging to the plaintiffs; that the plaintiffs have acquired and own the right to conduct said water in said ditch from said Cow Creek to their lands in the ditch above mentioned; that a short time preceding the commencement of this action the defendant on the lands and premises belonging to him and at a point about thirty-three feet from the water ditch belonging to the…