Pendola

Suit to quiet the plaintiff’s title to the land described in the complaint, and an irrigating canal and water right alleged to be appurtenant thereto. The appeal is from an order denying the defendants’ motion for new trial.

The court finds that the plaintiff is, and that for more than twenty years he and his predecessors have been, the owners of the land described in the complaint, and also of the canal and water right, which, it is found, are, and during the period mentioned have been, appurtenant to the land. There is no dispute as to plaintiff’s title to the land, but it is claimed by the defendants that the finding of the court as to the canal and water right is not justified by the evidence; and whether this or the contrary is the ease is the principal question to be determined.

The plaintiff deraigns title from John Ramm, Sr., who, at the time of his death, in the year 1888, was, and from the year 1870 had been, the owner of the land and of the canal and water right in question; and who was also, when he died, and for many years prior thereto had been, in the occupation of two tracts of public land, the one adjoining the land now owned by plaintiff, on the west, and known…