Fogarty

The suit was brought to enjoin the defendant from diverting water flowing in a pipe to the land of the plaintiff, and to quiet plaintiff’s title to the same. The judgment was for the defendant, and the appeal is from an order denying a new trial.

The plaintiff is the owner of a piece of ground known as the Doyle place, which for many years has been supplied with water by means of an iron pipe conveying water thereto from a spring on a place known as the Thomas rancho, which is the. water in controversy; and one of the allegations of the complaint is “that the plaintiff and his predecessors in title are, and have been for six years and over last past continuously, the owners of ... . the said stream of water.” This allegation is denied in the answer.

There is no direct finding on the issue thus raised; but it is found that the water was appropriated many years ago by the then owners of the lot now owned by the defendant, and known as the Thompson lot—“the predecessors in interest of defendant” therein; and “that ever since the appropriation of said water defendant and his grantors have been the owners .... thereof.” But this finding—which may be regarded as inferentially finding…