Morrison

This action was brought to quiet title to rights in the waters of a spring. Plaintiffs Fred L. Morrison and Anna L. Morrison were from 1904 to 1923 owners of certain land hereinafter called the Morrison property; and since 1904 defendants and appellants were owners of land just above, known as the Butcher property. Both tracts are situated on a hillside sloping southwesterly toward Clear Lake. A ledge of rock situated on the Butcher property formerly held back percolating waters on said property, which rose to the surface in several springs. Some seepage flowed on to the lower tract and was piped and used by the Morrisons for domestic and stock-watering purposes. In 1923 the Morrisons sold all their land except four acres to plaintiff Lake County Title and Abstract Company and Clear Lake Beach Company. These corporations subdivided it and sold lots. In March, 1925, Clear Lake Beach Company dug a tunnel through the ledge of rock into the Butcher property, blasting the rock with dynamite to do so. As a result the flow into the Morrison pipes was increased and the springs on the Butcher property ceased to flow except during the rainy season. In November, 1927, defendants commenced to…