Harrison
Harrison v. Chaboya
Opinion
Lead Opinion
Richards, J.
This is an appeal from a judgment of the superior court of the county of Contra Costa in favor of the plaintiffs and against the defendants in an action brought by the former to quiet their title to a certain easement claimed by them to exist in certain waters which take their rise upon the land now owned by the defendants herein and which are thence conducted by said plaintiffs to the premises owned by them and known as the Harrison place, lying near the town of Danville, in said county of Contra Costa. Plaintiffs derived their ownership of their said property from their mother, Isabella Harrison, who had obtained title thereto in about the year 1887 and who not long thereafter acquired by deed from one William Hemme a conveyance to all of the waters issuing from a certain spring located upon the land now owned by the defendants herein, but of which land said William Hemme had originally been the owner, and the title to which land had descended by mesne conveyances to the defendants herein, who had acquired the same by purchase from the then owners thereof in August, 1922. Shortly thereafter a controversy arose between said defendants and the plaintiffs herein as to the extent…