Signorelli

This is an action to quiet title. Judgment went for the plaintiff and the defendants W. S. Edwards and J. D. McCabe have appealed.

In the year 1884 a tract of land known as lot No. 142 of the Lompoc rancho, in the county of Santa Barbara, was owned by one Shoultz and one Fisher, as tenants in common. By deeds of exchange Fisher became the sole owner of a part of said lot No. 142 and Shoultz became the sole owner of the balance thereof. A spring of water rises on the portion of the land deeded t.o Fisher, but it had been used for watering cattle kept on the entire tract. In the deed by which Fisher obtained sole title to his portion of the land it is provided that both Fisher and Shoultz have an equal right to the use and enjoyment of the waters of said spring and each one is entitled to appropriate one-half of the water of said spring without regard to the boundary lines between the lands of said parties. In the deed by which Shoultz obtained sole title to his part of the property appears the same language as in the Fisher deed above referred to except it is also stated that Shoultz shall have no right to enter the premises of Fisher to take or appropriate the water of said…