List

Action to quiet title. The appeal is from a judgment in favor of the plaintiff and from an order denying defendant’s motion for a new trial.

The defendant admits that plaintiff is the owner and entitled to possession of the real property described in the complaint, save and except as to a certain strip of land twenty feet in width extending across plaintiff’s land. The defendant claims that it is, and ever since the month of May, 1906, has been, the owner of said strip of land for the purpose of maintaining thereon a pipe-line connected with its system of irrigation. This claim of the defendant is based upon the alleged fact that, with full knowledge and consent of the plaintiff and his then co-owner of said land, the defendant entered thereon under a license given by the owners for that purpose and expended large sums of money or the equivalent thereof in labor in execution of its rights under said license.

No written permission, license, or easement is claimed to have been given. Two witnesses for the defendant testified that in May, 1906, they had conversations with Mr. List and his co-owner, Mr. Gafford, in regard to obtaining a right of way across the land for this…