Bowman

The action was brought to obtain a judgment of the court that plaintiffs are the owners of a right to the use of the water of Mill Creek flowing through a certain ditch, which is described in the complaint, for the irrigation of their lands, and that defendant has no right or interest in said water except as to that part which drains and flows off of plaintiffs’ said lands into the South Fork of Fitzhugh Creek, and that said defendant and his successors be enjoined from interfering in any manner with the use- of said water by plaintiffs, or of impeding or obstructing the flow of the same or any part thereof to and upon the said lands of plaintiffs, and that a certain agreement entered into between plaintiff, A, J. Bowman, and defendant on the tenth day of June, 19Í8, be adjudged to be fraudulent and void, and that by the decree of the court the said instrument be canceled and set aside. Certain interrogatories were submitted to a jury and were all answered in favor of plaintiffs. These special findings were adopted by the court and a decree entered in compliance with the prayer of the complaint. The appeal is from the judgment. The main controversy revolves around said instrument…