Baker

This appeal is from a judgment against plaintiff upon demurrer.

The action is to obtain, by condemnation, certain water rights, and a strip of land five feet wide upon a defined line.

It is alleged that plaintiff is a corporation, whose object and purpose is to take water from Sycamore creek and *269 canon, and to use and distribute the same in supplying, for domestic use and irrigation, a certain farming neighborhood, composed of land riparian to said creek; that plaintiff is the owner and in possession of certain rights in the waters of Sycamore Creek, said rights being all those rights appertaining to the riparian lands on both sides of said creek, within certain defined limits.

It is also averred that each of the defendants, except Baker, who is said to be a mortgagee of one of the other defendants, owns a tract of land, also riparian, upon both sides of said creek; that to carry out the purpose of the plaintiff to supply said farming neighborhood with water, it is necessary that plaintiff appropriate, condemn, take, and use all the waters of Sycamore Creek, excepting such quantity or portion thereof as the defendants respectively have or may have the right, as riparian…