Robinson

Action to have title to certain land, which was secured by purchase from the state, declared to be held in trust for the benefit of plaintiffs as tenants in common with defendant. Plaintiffs had judgment. Defendant’s motion for a new trial was denied, and be appealed from that order and from the judgment.

By the testimony shown in the To ill of exceptions it appears that in the county of Kern, near the border line of San Bernardino County, there is an extensive stretch of arid land which is commonly called the “Mojave River country.” This land has been used by various eatüe owners for from twenty to forty years, and perhaps longer,, as a grazing ground. It has been so used generally with no permission from the owner, except that which is inferable from the fact that no objection has been raised against such use. This ground has no water except by the rain that falls during the winter months. At places, however, which are usually situated many miles apart, water in small quantities comes to the surface of the ground in the form of springs, and at these places the cattle which graze over the common range drink. About the watering places once or twice each year rodeos have been…