Pacific Yacht Club v. Sausalito Bay Water Co.

Citations

• 98 Cal. 487
• 33 P. 322
• 1893 Cal. LEXIS 948

Syllabus

<p>Wateb Bights —Easement in Watebs of Spring—Quieting Title—Beat, Action —Venue—Jurisdiction—Demubbeb—Dismissal.—An action to quiet title or to determine an adverse claim to an easement in the waters of a spring situated upon the lands of the defendant, and to a right of way over the defendant’s land for the purpose of conducting such waters to the premises of the plaintiff, and to obtain an injunction against interference with plaintiff’s pipes from such spring, is a real action, which must be brought in the county where the subject-matter of the action is situated, and a demurrer to the complaint in such action, when brought in another county, upon the ground that the court has no jurisdiction of the subject-matter of the action, should be sustained, and the action dismissed.</p>