Morgan

This suit is prosecuted by the Shenandoah Mining and Milling Company, a corporation, against A. C. Morgan, Sarah L. Morgan, and Fred Schoulder, to enjoin them from interfering with plaintiff’s alleged right to take water from certain springs for the use of its mine and mill. Findings and judgment were for the plaintiff, and defendants appeal from the judgment and from an order denying their motion for a new trial.

The second amended complaint alleged that in 1882, for the purpose of securing a water supply for their quartz-mill, plaintiff took possession of certain springs known as the Sycamore springs, situated upon certain described lands about a mile from its mine and mill; that at the time it took possession of said water and springs the land upon which the springs were was government land belonging to the United States; that plaintiff at the time it so took possession began the construction of the necessary ditches, reservoirs, and pipe lines to conduct the water to the mill, and that the same were completed and in full use the same year; that from that time the plaintiff has been continually using the water for said purposes, and has been in the open, notorious, continuous,…