DUCKWORTH, Chief Justice.
1. Where, as here, the petitioner in a partitioning proceeding prays for an accounting for water sold from a spring on the property to be partitioned by one of the tenants in common, and alleges that a lease agreement, whereby petitioner's interest in said water rights had been granted to the City of Warm Springs, had been declared void by the decision of this court in City of Warm Springs v. Bulloch,
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