Marre

Plaintiffs brought this action for the purpose of securing an- injunction to prevent defendants from laying a pipe-line along and across a certain strip of land in the county of San Luis Obispo for use in the conveyance of water. Upon the filing of a verified complaint an order was issued to defendants' requiring them to appear before the court and show cause why an injunction pendente lite should not be granted. A temporary restraining order was made to prevent the doing of the acts alleged as being threatened to be done on the part of defendants. The matters came on to be heard, the plaintiffs resting their application upon an amended complaint filed at the time of the hearing on the order to show cause. Defendants resisted the application for a temporary injunction, and filed in evidence two affidavits and two certain deeds; whereupon the court denied said application and vacated the temporary restraining order theretofore made. From this order the plaintiffs have -appealed.

It appears without dispute by the amended complaint of plaintiffs, and the affidavits submitted on the part of defendants, that the strip of land along which the pipe-line was threatened to be constructed…