Amestoy Estate Co. v. City of Los Angeles

Action to vacate a judgment of the superior court, and to enjoin defendant from asserting rights thereunder.

The complaint alleges ownership by plaintiff of a large ranch in Los Angeles county, traversed by the Los Angeles river, a non-navigable stream. That said lands are riparian to said stream and the waters thereof are necessary for the irrigation of said lands, and have been so used for more than fifty years. That heretofore, in April, 1903, while plaintiff was so seised, the defendant commenced an action against plaintiff in the superior court of Los Angeles county to determine conflicting interests as to such water, and its use; that service of summons was duly made upon plaintiff in June following. That after said service plaintiff correctly and fully stated all the facts involved in said litigation to its attorney, who advised it that it could not successfully defend against said action, and against further expense or litigation in reference thereto. That plaintiff, acting upon such advice, permitted its default to be entered and, on September 11, 1903, judgment was ordered by the court in accordance with the prayer of the complaint and duly entered, by which itrwas…