Tarpey

This is an action for an injunction to restrain defendant from interfering with plaintiffs use of a ditch extending over defendant’s lands and used by plaintiff to convey water for the irrigation of his own lands. Plaintiff had judgment and defendant appeals.

Plaintiff’s land is the northwesterly ten acres of section 28. By government subdivisions it is the northwest quarter of the northwest quarter of the northwest quarter of section 28. It is a segregated part of the westerly half of the northwest quarter of this section. This eighty acres, comprising the westerly half of the northwest quarter was owned by H. S. Crocker. He purchased from the Fresno Canal and Irrigation Company water and a water-right for use upon this land, and by the terms of the deed this water-right became appurtenant to the land. Subsequently Crocker conveyed his eighty acres to Lynch, defendant herein, “together with the water-right and water supply for said land, etc.” While so owning this eighty acres, Lynch, in April, 1903, conveyed to plaintiff the ten acres above described, “together with the appurtenances, and particularly a one-eighth interest in the water-right which is appurtenant to the west one…