Witcher

This is an appeal from a judgment of the superior court of Modoc County adjudging plaintiff to be the ownér of a certain water right, reservoir site, and right of way described- in the complaint, and also adjudging that a certain instrument in writing, executed by one Ed Ivory, Jr., to defendant and set out in the complaint, conveyed no right, title, or interest in said water right, reservoir site, and right of way.

The complaint alleges that the plaintiff is the owner and in possession of a certain tract of land described in the complaint as the “E” or Ivory Ranch, in Clover Swale, Modoc County, together with the right to construct and maintain a reservoir on sections 2 and 11, T. 43 N., R. 10 E., M. D. M., and a right of way therefrom down what is known as Weller Canyon to the said “E” Ranch. That this reservoir site and the right of way were located, appropriated, and secured for the purpose of impounding winter water draining from Antelope plains and delivering the same to and upon said “E” Ranch, during the irrigating season to be there used for irrigating the crops thereon, and that at all times since the selection thereof they have been appurtenant to the-said “E”…