Jones

The present suit was instituted by the Albion-Idaho Land Company, a California corporation, owner of a considerable acreage of arid land in Cassia county, Idaho, irrigated by waters diverted and appropriated from Raft river in that state, against approximately seven hundred residents and citizens of the states of Idaho and Utah, who claim the right to use waters appropriated and diverted from the same stream and its tributaries, to settle and determine the right of the plaintiff in and to the use of the waters claimed by it, to quiet its title thereto, and to restrain the defendants from interfering therewith. Many of the defendants answered the complaint, and nearly all of them set up claims to the use of the waters of the same stream and its tributaries under appropriations made by themselves or by their predecessors in interest.

*38 Two appeals have heen prosecuted from the final decree. The Almo Water Company and its stockholders have appealed from that portion of the decree awarding to certain of the defendants the use and right to use the waters of the north fork of Almo creek and its tributaries for irrigation and other purposes, and the defendants Pierce and wife and…