Harter

Williams v. Harter

Good Law
121 Cal. 47·1898 Cal. LEXIS 850·53 P. 405
Supreme Court of CaliforniaMay 31, 1898Sac. No. 363California1,920 words

Opinion

Lead Opinion

Belcher, J.

George E. Williams died testate in the county of Modoc in 1891, owning a large tract of land in that county. His will was duly admitted to probate, and Mary E. Williams, his surviving wife, was appointed executrix thereof. As such executrix she brought this action to obtain an injunction restraining the defendants from diverting water from the said lands,, and also to recover damages for past diversions.

It is alleged in.the complaint that the estate .of said decedent now owns and occupies, and it and its grantors and predecessor® have owned and occupied for more than twenty years last past, a large tract of land in Modoc county known as the “Williams Ranch,” and which is particularly described. The complainant also describes two certain springs of water, their location and capacity, and a ditch leading therefrom, which it is alleged diverts and conveys all of the water of said springs to and upon said land, where the same is used for irrigation, for the watering of stock, and for domestic purposes, and has been used by plaintiff's testator and his grantor for the last twenty years or more, when not prevented from so doing by defendants.

It is further alleged that the grantor of…

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