Frederick

This action was brought to enjoin defendant from destroying or interfering with a certain water-ditch, a portion of which runs through defendant’s land. Judgment went for plaintiffs, and defendant appeals.

The court found that plaintiffs and their grantors, for ten years next before the commencement of the action, were the owners of a certain mill; that said water-ditch and right of way for the same were appurtenant to said mill, and used solely for the purpose of operating the same; and that plaintiffs and their grantors for ten years had been in the open and adverse possession of said ditch and right of way, except that such use and possession of the same where it crosses defendant’s land was *360 adverse only after October 19, 1881, which- was about seven years before the commencement of the action.

We see nothing in the objections to the introduction of the deeds marked Exhibits A and B. Neither was the objection to the introduction of a notice of location of the water right made by plaintiffs’ grantor, Matthews, made in 1873, a good one. Whether or not the location was made in accordance with the provisions of the code,, it was admissible as evidence tending to show an…