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MALIBU WATER CO. v. MacGREGOR

Docket No. 26199.

215 Cal.App.2d 351 (1963)

30 Cal. Rptr. 310

MALIBU WATER COMPANY et al., Plaintiffs and Respondents, v. CHARLES A. MacGREGOR et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Three.

April 22, 1963.

Attorney(s) appearing for the Case

James E. West and George R. Pfeiffer for Defendants and Appellants.

Trippet, Yoakum & Ballantyne and F.B. Yoakum, Jr., for Plaintiffs and Respondents.

FILES, J.

The judgment in this action declares that the plaintiff Malibu Water Company is the owner of all water under any portion of defendants' property and enjoins defendants forever from maintaining any well on the premises or extracting any water. Defendants have appealed from the judgment.

Both the water company and defendants base their claim upon a conveyance from a common predecessor, the plaintiff Marblehead Land Company. In 1943 Marblehead granted...

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