Eddelbuttel

The plaintiffs, by this action, sought to restrain the defendants from the diversion of certain waters of a certain creek in Plumas County. The grounds for the relief asked are thus stated in the amended complaint: “ Plaintiffs, by this amended complaint, for a cause of action, allege, that since the 10th day of December, 1875, they have been and they now are the owners of, and entitled to the use, occupation, and possession of all the waters naturally flowing in the south branch of Willow *278 CVeek, in Plumas township, Plumas County, California, except that certain amount to which the defendants, or some of them, as owners of a certain ditch known as the ‘ Old Hardy Ditch,’ are entitled, the said amount being not to exceed forty (40) inches, according to miners’ measure. That since the said 10th day of December, 1875, and up to the entry of the defendants hereinafter set forth, these plaintiffs have been in the continuous use, occupation, and possession of said waters, in the working of certain mining claims, situated in the bed of said creek, below where the said Hardy ditch diverts water from the same. That on or about the 10th day of November, 1878, the said defendants…