Lyles

This is an action for damages; the jury returned a verdict in the sum of fifteen hundred dollars, for which amount judgment was entered in favor of plaintiff; and from the judgment and order denying a new trial the defendant appeals.

Plaintiff purchased a tract of land from defendant, together with a certain water right appurtenant thereto; and it is averred in the complaint that afterward, and before the deed was recorded, which defendant made to plaintiff of the land and water right, the defendant sold and granted away said water right, and had it canceled and severed from the land; and damages are asked for these acts. It is averred that the defendant did “cause the water right on said lands to be canceled, and did sell and convey the same away from plaintiff, to his great damage”; and that this was done “willfully, without any right whatsoever, from wanton motives, with reckless disregard to the rights of plaintiff and without plaintiff’s consent and knowledge, and under circumstances of great hardship and oppression to plaintiff.” It *266 was averred and contended by defendant that the granting and cancellation of the water right occurred inadvertently and Without any intent…