Pope v. Kinman

Citations

• 54 Cal. 3

Syllabus

<p>Riparian Proprietors—Water Rights.—Under settled principles, both of the civil and common law, a riparian proprietor has a usufruct in the stream as it passes over his land.</p> <p>Statute of Limitations — Patent — Prescription — Quiet Title, Action to.—In an action brought by a riparian proprietor deriving title under a Mexican grant, patented within five years of the commencement of the suit, to quiet his title against parties claiming the right to an exclusive use of the water under an adverse and exclusive user, by themselves and predecessors for over twenty years: held, 1st. That, the patent having issued within five years, the Statute of Limitations could have no application; and 2nd, that for the same reason the defendants had not acquired a prescriptive right.</p>