Drinkhouse

After judgment was entered in the trial court, July 27, 1887, in favor of the plaintiff, for the condemnation of 14.45 acres of defendant’s land to public use as part of a reservoir site (compensation and damages to defendant being assessed at $5,103, and $100 costs), and pending defendant’s appeal therefrom, the court below, upon due application therefor by. plaintiff, entered an order October 8, 1887, under section 1254 of the Code of Civil Procedure, authorizing the plaintiff, upon paying into court $5,000 in addition to the amount of the judgment, to take possession of and use the property condemned “ during the pendency of and until the final conclusion of the litigation,” and staying all actions and proceedings against the plaintiff on account of such possession and use.

In pursuance of this order, after paying into court the sums above required, plaintiff took possession of the land in controversy, and has since used the same as part of the lower Crystal Springs reservoir site, the lower part of the land being now covered with water thirty feet in depth, there being held in this reservoir above the lowest level of the land in question 3,682,546,000 gallons of water. The…