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This is an appeal by defendant from a judgment in favor of the plaintiffs for the sum of $540 in an action brought to recover damages for the alleged conversion of personal property.

But one question need be considered, namely: Did the plaintiffs have such an interest in the property alleged to have been converted as could furnish a foundation for the present action ?

It appears from the record that both of the plaintiffs and the defendant were severally the owners of parcels of agricultural land in a tract known as Grand View Heights Colony, deriving their title either directly or through mesne conveyances from a common grantor, the Garden City Bank and Trust Company. The defendant’s parcel was described as the south half of lot 3, and upon it was situated a well together with a pump, engine, and casing used in connection therewith and firmly attached to the realty. The respective deeds under which the plaintiffs each deraigned title contained the following language immediately after the description of the land conveyed:

(In one case the number of miner’s inches of water granted was two and in the other five.)

For several years the plaintiffs and the defendant each took water…