Boehmer

This action is prosecuted by the plaintiff to quiet title to certain water rights alleged to be appurtenant to certain of his lands as riparian owner. The cause was heard upon an agreed statement of facts and the deposition of one witness. Written findings were filed and judgment entered. The defendants moved for a new trial, and upon the hearing thereof the following minute order was made: “ Defendants move the court for new trial herein on the grounds stated in the notice of motion on file. Motion is argued and thereupon granted on the grounds stated, and also on the court’s own motion for the reason that the findings are contrary to the evidence and were signed and filed inadvertently by the court without observing the error, the same having been prepared by counsel for the plaintiff.”

This appeal is by the plaintiff from said order. Defendants’ motion for a new trial specified three findings as not justified by the evidence.

1. That the second finding, in so far as it finds that the plaintiff and his predecessors in interest have been since the year 1871 the owners and seised in fee of the northeast quarter of section 7 in township 4 north, range 9 west, San Bernardino base…