Drinkhouse

This action was commenced on July 29, 1887, to enjoin the defendant from building a dam across San Mateo Creek. Plaintiff alleged that on January 1, 1887, Mary Drinkhouse, the owner of the premises, leased them to him for the period of one year, with 'the privilege of five years from the expiration thereof; that he went into possession, and on the nineteenth day of April, 1887, a written lease was entered into, by the terms of which he was to have the possession and use of the property for the term of five years from said nineteenth day of April; that defendant was constructing a dam below said premises, which, when completed, would throw water back upon them and permanently deprive him of the use thereof.

The court found that the verbal lease, made as alleged by plaintiff, was by mutual consent canceled on April 19, 1887, and the written lease entered into as alleged, but that no change was made in the possession or use of the property; that said Mary Drinkhouse is the mother *255 of plaintiff, and continued to occupy and use the premises, and he continued to live with her, as he had theretofore done from his birth; that on February 28, 1887, and -while said Mary Drinkhouse was…