Healy

This is an action to quiet plaintiff’s title to certain waters of a stream called Cedar Creelc, audio a ditch leading therefrom, and for an injunction, *465 etc. The court rendered judgment for plaintiff against the defendants Harrison Smith and Edward Bonyman,, as prayed for in the complaint; but as against the defendants James and John A. Smith and B. C. Woodruff, the judgment quieted plaintiff’s title to only one hundred and eighty inches of water, measured under a four-inch pressure. Plaintiff appealed from the judgment, and contends that the court’s conclusions of law were erroneous, and that, upon the findings of fact, his title should have been quieted to three hundred and sixty inches.

The court finds (in brief) these facts: In April, 1873, plaintiff’s grantor, Frank Thomas, entered upon' said Cedar Creek, and constructed the ditch described in the complaint. He completed it before the 4th of November, 1873, and diverted one hundred and eighty inches of water, and used it for irrigating certain lands described in the findings, for watering stock, and for domestic purposes, to the amount of one hundred and eighty inches, that being then the capacity of the ditch. In the…