STAMATIS v. JOHNSON

No. 5227.

71 Ariz. 134 (1950)

224 P.2d 201

STAMATIS et al. v. JOHNSON et ux.

Supreme Court of Arizona.

November 20, 1950.


Attorney(s) appearing for the Case

Kramer, Morrison, Roche & Perry, of Phoenix, for appellants Milton Stamatis and Cresanthe Stamatis, his wife.

Warren L. McCarthy, County Atty., Phoenix, for appellant County of Maricopa.

Cunningham, Carson, Messinger & Carson, of Phoenix, for appellees.


FAULKNER, Superior Judge.

Appellees (plaintiffs below) brought suit against appellants (defendants below) for a mandatory injunction to compel the latter to reopen and restore to its former condition an open irrigation ditch located on the defendants' land and in which plaintiffs claimed a prescriptive right of use. Judgment for mandatory injunction and permanently enjoining the defendants from interfering with the ditch was granted. From this judgment defendants...

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