Glassell v. Verdugo

Citations

• 108 Cal. 503
• 41 P. 403
• 1895 Cal. LEXIS 881

Syllabus

<p>Partition—Division of Water Rights — Construction of Decree — Partition Map—Springs in Inclosed Field.'—Where the court, in an action of partition, has adopted the report of the referee as to a division of water rights, and has adopted a partition map referred to in the report, and has provided in the decree in regard to springs which rise within a certain inclosed field delineated on the partition map as lying on both sides of a cross road, the whole of the field delineated on the map will be taken as intended by the decree, although there was in fact an inclosed field to the south of the road, and a field only partly inclosed to the north of the road, and springs arising north of the road are covered by the decree—the question being, not whether there was , a substantial inclosure of the whole field, but simply what was the inclosed field referred to in the decree.</p> <p>Id.—Increase of Water—Obstruction and Diversion.—Where the decree in partition, in respect to the division of water, provides that certain surplus water should be turned into the channels of those springs which rise within an inclosed field, delineated on the partition map to be used by certain other parties, the fact that subsequent to the decree there is an increase of water in the field does not authorize the owner of the field to divert or obstruct the flow of water into the channels of the streams arising in the field.</p> <p>Id.—Division of, Percolating Water — Disposition of Springs.—It is competent by a decree in partition for the court to dispose even of percolating water arising on the land allotted to one of the cotenants, and springs, if clearly included in the allotment in the decree, pass to other parties to whom they were given.</p> <p>Id.—Support of Findings.—Where there is evidence to sustain the findings of the court, they will be taken as conclusive upon appeal.</p>