Hancock

This is an action to quiet title to the claim of plaintiff, a corporation, to the right to use seven eighths of the waters of East Twin Creek in San Bernardino County. Judgment went for the defendants, from which plaintiff appeals, the case coming up on the judgment roll.

Plaintiff claims by prescription in favor of its grantors, and under grant of such alleged prescriptive right *223 to itself. Defendants are riparian proprietors on both sides of the stream, below the point where plaintiff claims the right of diversion. It was alleged and shown that in April, 1875, the defendant Hancock, who was then the owner of a tract of 1,280 acres, part of the Muscupiabe rancho, lying on both sides of this creek, and below the point at which plaintiff claims the right to divert seven eighths of its waters (and under whom the other defendants now claim as grantees), took the preliminary steps to acquire by appropriation five hundred inches of this water, but this right of appropriation was never perfected, and its consideration is of no moment in this case, as it is conceded by both parties that defendants take nothing by that proceeding.

Nor is it necessary in this case to discuss the…