Davies

The principal contention of appellants relates to the sufficiency of the evidence to support the findings of the lower court.

Those to which the specification' of insufficiency is addressed are substantially as follows:

We are not concerned, of course, with the question of the preponderance of the evidence or as to the substantial character of the showing made by the defendants, but the single inquiry is, Does the record contain-any evidence tending to support said findings? This question must be answered in the affirmative.

Without segregating and considering it under its appropriate and corresponding findings, we make the following quotations from the testimony of the witnesses: Lewis Davies said: “I have been familiar with the Davies ranch on McAdams creek since 1871. Every year through the irrigating season we have used the water and have raised a crop, excepting perhaps in 1881 or 1882, when we had a lawsuit with the miners for this same water. Without irrigating water the garden and fruit crops would dry up and would not mature. The water we used for irrigating was from McAdams creek and a drain known as the Oak Grove drain. We had two irrigating ditches from the creek…