Powers

This action was brought for the purpose of quieting plaintiffs’ title to an alleged water right in and to sufficient water from a spring on defendants’ land for “household purposes,” for the right to convey the same through a pipe to the adjoining lands of plaintiffs on the west, and to enjoin the defendants from in any way interfering with such water right. The case was tried before the court without a jury, and findings filed upon which judgment was entered for plaintiffs as prayed. This appeal is from the judgment and from the order denying defendants’ motion for a new trial.

The main facts, concerning which there is no controversy, are substantially as follows: On the twenty-eighth day of April, 1898, one Edward White and his wife were the owners of a tract of land in Santa Cruz county, which tract embraced the lands now owned in separate tracts by plaintiffs, by defendants and by White. On said day White conveyed to plaintiffs the lands described in the complaint, containing about fifty-four acres, by an ordinary grant, bargain and sale deed, which deed contained no reference to any water right of any kind. This deed was immediately placed upon record. On the same day, and…