Lewis

This action was brought May 1, 1893, by the plaintiff against S. B. Fox and a large number of others, as defendants, alleging that he is the owner of lots 7 and 8 in block 25 of the rancho San Bernardino; that upon said lots there has been developed, by artesian wells, eighty-four inches of water, continuous flow, measured under a four-inch pressure; that such amount of water is now flowing from said wells; that out of said quantity the first thirty-five inches, and the right to the use and control of the same, is owned by parties other than the parties to this action; that the right to the use and control *246 of the same is prior and paramount in right to any other waters that now are, or hereafter may he, derived from said land; that the remainder of said eighty-four inches of water, namely, forty-nine inches thereof, and the right to use and control the same, is owned by plaintiff; that defendants, and each of them, claim some right, title, or interest in and to said forty-nine inches adversely to the plaintiff; that their claim is without right, et cetera, and asks to have his title to said forty-nine inches quieted.

S. B. Fox and fifteen others of defendants, severing from…