Purser

This action involves the right to the possession of certain property in Lassen county, described in the complaint as a storage reservoir known as the Ball’s Canyon reservoir or Ward lake, together with a canal leading therefrom in an easterly direction, known as the Eagle Lake Company Canal, and also a certain ditch or water right connected therewith. The action was commenced April 3, 1895, and the trial thereof had April 23d, and judgment was entered July 12, 1895. It was admitted at the trial that the Eagle Lake Land and Irrigation Company, a corporation, was the common source from which the plaintiff and the defendant each claimed to have derived title to the property—the controversy between them being to determine the priority of their respective titles.

The plaintiff in support of his claim to the property offered in evidence the judgment-roll in an action brought by T. C. Riggs against the Eagle Lake Land and Irrigation Company to recover for certain labor and services performed by him for the corporation, and to foreclose a lien therefor against its property. This action was commenced January 12, 1894, and a notice of Ks pendens filed with the county recorder on the same…