Higuera

Appeal from judgment in favor of defendants Del Ponte and Pérsico, and from the order denying plaintiff’s motion for a new trial.

The action is in form an action to quiet title to a tract of land described as “lot seven (7) of the Higuera Rancho,” but, as appears from the answer of defendants Del Ponte and Pérsico, and from the statement on motion for new trial, the only real controversy in the case was as to the ownership of certain water flowing from a spring on lot 7 of said rancho, through an iron pipe, to lot 4 of said rancho, and the right 5of way therefor. Defendants pleaded that they were the owners, of said water, water right, and right of way, and specially pleaded “that for more than five years prior to the commencement of this action they and their grantors have been in the open, notorious, continuous, peaceful, uninterrupted use and occupation of all that part or portion of said water flowing from the said spring on said lot seven of said Higuera Rancho, and to the said lot four of said Higuera Rancho; that the said use and occupation of said water as aforesaid has been for all of said time hostile and adverse to any claim of all persons, and that the said water had…