Crescent Canal Co. v. Montgomery

This appeal is from an order denying the' motion of J. G. James for an order to vacate and set aside the judgment made and entered herein on the nineteenth day „ of May, 1897. The motion is based upon affidavits, pleadings, and files in the case, minutes of the court and certain deeds of conr veyance, all of which are embodied in the bill of exceptions. brought up with the appeal. The facts of the case are about these: William Johns and Thomas Poyser were owners and in- *136 possession of fractional section 4, lying north, of the Laguna de Tache grant, in township 18 south, range 19 east, Mount Diablo base and meridian, containing four hundred and eighty acres, more or less. The plaintiff canal company entered upon this fractional section without permission of Johns and Poyser, constructed levees and dams, over and upon said section, and across and in the bed of a natural stream of water called North Fork of Kings river, flowing through said section, without the consent or knowledge of said Johns and Poyser. In 1889 the said Johns and Poyser sold and conveyed said fractional section 4 to the defendant L. Y. Montgomer}', and the said Montgomery, to secure the payment of a sum of…