Sampson

This is an action to quiet the alleged title of the plaintiff to a right of way in, over, and upon lot 13 of certain real property of the defendants (specifically described in the complaint), for the construction and maintenance thereon of pipe-lines to be used in connection with and as a part of a system inaugurated by plaintiff for the transportation of water for irrigation and domestic purposes “over, through and across” said lot 13 and other real property immediately contiguous thereto. The complaint also prayed for the issuance of a temporary writ of injunction enjoining defendants and their agents, servants, and employees from in any manner interfering with or preventing plaintiff from laying, constructing, and maintaining pipelines upon, over, through, and across said real property. A temporary injunction as prayed for was granted.

Issue was joined upon the question of plaintiff’s ownership of the right referred to, the trial was by the court, sitting without the advisory aid of a jury, and judgment passed for plaintiff, decreeing that it (plaintiff) was the owner of said right of way or easement and that the temporary injunction be made permanent.

The appeal is by the…