Chaffey

The plaintiffs, George and William B. Chaffey and the Pomona Land & Water Company, brought an action against the defendant for the diversion of a large portion of the water of San Antonio creek, which flows over the plaintiffs’ lands. The defendant denied the material allegations of the complaint, and alleged that he was the owner *398 of the exclusive right to use and control forty inches, measured under a four-inch pressure, of the water of said stream for the purpose of irrigation, etc. The answer was filed on the 15th of October, 1883. On the 12th of February, 1884, a judgment was entered in accordance with a written stipulation of the attorneys of the several parties, by which it was adjudged and decreed that the plaintiffs were entitled to the use and control of all the water flowing in said creek, with the exception of twenty inches, measured under a four-inch pressure, which the defendant was entitled to use and control. On the 28th of March, 1884, plaintiffs’ attorney gave defendant’s attorney notice that the plaintiffs would move the court that said stipulation, and said judgment entered in pursuance thereof, be set aside, “on the ground that the said stipulation was…