Bess

The tenants of land brought this action against the owners and lessors thereof, seeking declaratory relief relative to a sum of money collected by defendants from third parties after the land had been inundated in a flood. After a non jury trial the court entered a judgment allocating two-thirds of the money to plaintiffs, one-third to defendants. Both groups appeal, each from that portion of the judgment which awarded money to the other.

The evidence generally showed as follows: At all relevant times defendants owned the John Hansen Ranch, which lies along the Eel River in Humboldt County. In 1963, they leased a portion of it to plaintiffs for use as a dairy ranch. The written lease describes the leased premises as “a portion . . . of the John Hansen Ranch . . . described as . . . That real property situated west and south of the railroad track to the edge or beginning of the riverbar . . .’’It further states that *160 “This lease does not cover nor include . . . the riverbar, . . . [nor] . . . logs and timber thereon due to flooding of the Eel River . . . nor . . . the subsurface estate of said John Hansen Ranch ...”

Paragraph 1 of the lease provides for plaintiffs’ payment of…