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This section contains the nature of the case and procedural background.

Pursuant to license granted by the plaintiff (P), the defendants (D) entered P's land and built an irrigation ditch to be used in connection with D's own property. A year later P gave notice to D of his intent to terminate the license. However, D continued to enter P's land to repair and maintain the ditch. P sued to have D adjudged as trespassers and to enjoin them from making further entries on the land. The lower court, recognizing that D had incurred great expense in constructing and maintaining the ditch, found that they had a right of way in P's land. P appeals. On appeal, the court found initially that the interest granted to D was not an easement, but a license.

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