Mabb

—Plaintiffs, husband and wife, allege that they were the owners of ten acres of land in the Ontario Colony, and the owners of ten shares of water stock of the San Antonio Water Company; that by virtue of their ownership of this water stock they were entitled, for use upon their land, to a certain amount of water, supplied by the San Antonio Water Company. This water was divided amongst the shareholders of the San Antonio Water Company, in proportion to the number of their shares, and to the amount of water which, from time to time, the company had available for the purpose of distribution. They allege that they had complied with all the rules and regulations of the company, and were not in default with the company in any particular. In August, when the orchard of fruit-bearing trees upon their land was greatly in need of water, and upon a day in August when plaintiffs were of right entitled to use water, the defendants, without right, for the purpose of injuring plaintiffs, and of destroying their orchard, shut off the water and prevented it from flowing upon their lands, and diverted it and used it upon other lands below. Plaintiffs, though making diligent inquiry, were unable to…