Bashore
Bashore v. Mooney
Opinion
Lead Opinion
Chipman, J.
Action to quiet title to a certain water ditch known as the Zumwalt Extension of the Tulare Irrigation Company’s Ditch, and the right of way therefor. Two of the three original plaintiffs conveyed to the third, after the complaint was filed, and the latter filed a supplemental and amended complaint as sole plaintiff in the case. There were numerous defendants, as to some of whom the court found that they had no interest in the ditch; as to others the court found that they had a certain interest therein; as to • the defendant Tulare Irrigation Company it was found that it was the owner of said ditch to a certain point, connecting with the portion of said ditch found to belong to plaintiff, with “the right at all times to turn into said portion of said ditch owned by plaintiff as aforesaid all the surplus water of said defendant which it shall desire to turn therein.” None of these defendants appeal. As to defendants, appellants, the court found that they are the owners of the right to maintain certain drops and headgates in the ditch and certain side ditches leading therefrom on certain land by them owned, situated in section 7, township 19 south, range 25 east, through which…