Bonetti

Appeal by defendant from a judgment upon a bill of exceptions.

It was found by the trial court that plaintiff was the owner in fee of the premises described in the complaint, subject to an easement in the public for a road. Plaintiff’s premises abutted upon said road on either side. The board of supervisors of Santa Barbara county granted defendant permission to sink a well in said road and extract and carry therefrom any water developed. Plaintiff already had a well on his premises adjoining said road, the water therefrom being used on his said premises. It was found by the court that the water taken from this well in the road was percolating water in plaintiff’s land over which said road ran; that the extraction of said water would work a great injury to plaintiff’s lands and depreciate their value. The court by its order restrained defendant from further extracting or from conducting the water from plaintiff’s land.

Appellant challenges the sufficiency of the evidence to support the issue as to plaintiff’s ownership in the tract as described in the complaint upon which defendant’s well was constructed. The evidence in the bill of exceptions is somewhat confusing as to this…