Heilbron v. Last Chance Water Ditch Co.

Citations

• 75 Cal. 117
• 17 P. 65
• 1888 Cal. LEXIS 490

Syllabus

<p>Landlord and Tenant—Landlord may Maintain Action for Diversion of Water. — An owner in fee of land, having leased it, and while it is in the possession of the tenant for years, may maintain an action against a third party for the diversion of water from a natural stream running through the land.</p> <p>Statute of Limitations—Payment of Taxes — Findings.—When the court finds in favor of the defendant upon the plea of the statute of limitations, the failure to find that the defendant has paid all taxes levied and assessed upon the property in controversy is immaterial, when it does not appear that any taxes were ever levied or assessed upon the property.</p>