Walker

The present litigation arises between conflicting claims to the use of certain waters of a stream. Plaintiff appeals from the order denying his motion for a new trial, and upon that appeal the sufficiency of the evidence to support the findings of fact and the rulings of the court upon the admission and rejection of evidence alone will be considered. For it is only upon appeal from the judgment that the sufficiency of the findings becomes material.

The facts are these: Pardee and Richards were riparian -owners of a certain tract of land. They conveyed a part of the land to appellant’s predecessors in interest, the deed containing the following reservation: “Reserving and excepting from this conveyance and the premises hereby granted unto ns, said Richards and Pardee, and our heirs and assigns forever, so much water and the use thereof of the said Carpintería Creek as may be necessary to supply and work continuously a No. 5 hydraulic ram, and at such point upon our premises adjoining those hereby conveyed as may at any time be selected by us, said Richards and Pardee, or their assigns, and the right for themselves and for the benefit of and incidental to their said premises and…