Sefton

This action is somewhat difficult to classify. Its purpose is to obtain an injunction to prevent defendants from preventing plaintiff from attaching a water-pipe to a certain water pipe of defendants. Judgment went for plaintiff, and defendants appeal from the judgment and from an order denying their motion for a new trial.

The decision of the case rests upon the respective rights of the parties under a certain written contract made by appellants on March 24,1891, with one Frederick *671 T. Hill. At that time appellants contemplated building some kind of a conduit to carry water from the large ditch of the San Diego Flume Company to Spring Valley, where they owned lands. This contemplated conduit was to run near to and past a point called “Patterson’s corner,” which was about two and one-half miles distant from the flume of the said San Diego Flume Company. Hill (as trustee) owned a part of lot 9, Ex-Mission rancho, consisting of about three hundred acres of land lying south of, and most of it lower in elevation than, said Patterson’s corner. Appellants at that time had not determined what kind of a conduit they would construct for the purpose of carrying said water. Under these…