Mr. Justice HARNSBERGER delivered the opinion of the court.
Although this litigation was commenced on November 14, 1958, as an action by plaintiff C.E. Kaser to restrain defendant Charles Louth from interfering with Kaser's maintenance, operation, repair, construction, cleaning out, and use of John Gilland Ditch and its headgate which were located upon and across Louth's lands, that phase of the action was concluded by an agreement and stipulation of the parties approved...
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