McGillivray v. Evans

Citations

• 27 Cal. 92

Syllabus

<p>Partition of Water.—Water flowing in a ditch and owned by tenants in common cannot be mechanically partitioned. The only partition which a Court can make, which will definitely and permanently end disputes of tenants in common in water used for mining purposes, is to order a sale and a distribution of tho proceeds.</p> <p>Object of a Partition of Property itself.—The object of a partition of the property itself among tenants in common, is to enable each party to obtain the title to and the use for all futuro time, in severalty, of some definite portion of the property owned in common.</p>