Cairns

The action was to restrain defendant from obstructing a ditch which was being used by plaintiff in conducting water across defendant’s land from a natural watercourse known as Elk Bayou to a certain tract of land owned by plaintiff. In the complaint it was alleged, “That said plaintiff is now, and for more than six years last past has been, the owner and in the actual possession of that certain water ditch heading in and leading out of a certain natural water course situate in the County of Tulare, State of California, known as the Bayou, and the weirs and gates in and across said Bayou at the head of said ditch and of the right of way and site upon which said ditch, weirs and head gates are located, which right of way and site is situate in said county and state, and is more particularly described as follows to-wit” (describing it). The answer denied “that said plaintiff is now or at any time last past has been the owner, or in the actual possession of any water ditch heading in or leading out of any natural or other water course situate in the County of Tulare, State of California, known as the Bayou, or any water course at all, or of any weir or gate in or across any Bayou at…