Moore

Plaintiffs’ action was for equitable relief. They alleged that they were the owners of two certain lots of land and the owners of the right to eight fifty-fourths of the water on and under another lot (lot 8) in the same tract; that the defendant was the owner of other water which had its source on this third lot, and that, under conditions of this ownership, defendant was not permitted to take water to points outside of the tract; that defendant had made with plaintiffs a certain agreement respecting the apportionment of operating charges of a pumping plant used to furnish water to the plaintiffs and the defendant, and had afterward refused to abide by such agreement and had interfered with the plaintiffs in their attempt to make use of water to which they were entitled; that water was being taken by defendant from the tract to places outside of it and sold. The prayer of the complaint was for a decree determining that the plaintiffs were the owners of eight fifty-fourths of any and all waters in or under lot 8 in the tract of land described and the owners of a proportionate interest in the pumping plant. Further relief asked for was that defendant be restrained from taking any…