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SMITH v. WHEELER

Docket No. 4173.

107 Cal.App.2d 451 (1951)

237 P.2d 325

CHESTER SMITH et al., Respondents, v. H. DALE WHEELER et al., Appellants.

Court of Appeals of California, Fourth District.

November 8, 1951.

Attorney(s) appearing for the Case

Head, Jacobs & Corfman for Appellants.

Forgy, Reinhaus & Forgy and Arthur M. Bradley for Respondents.

GRIFFIN, J.

This is an action for declaratory relief and an injunction. The gravamen of the complaint is that all of the land of the plaintiffs is riparian to Trabuco Creek and the larger portion of defendants' land is not riparian to that creek and is irrigated with water from that creek to the damage of plaintiffs' riparian land. The complaint asked for a declaration as to lands entitled to be irrigated from the Trabuco Creek and for an injunction prohibiting unlawful...

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