Newton v. Weiler

On Motion por Rehearing.

This is an appeal by plaintiff from a judgment entered in a suit to quiet title in two irrigating ditches.

Plaintiff is the surviving wife of Jasper A. Newton. In 1892 Jasper A. Newton settled upon the east half of section 16, township 4 south, range 23 east, now situated in Carbon county, and at the same time his brother, W. E. Newton, settled upon the west half of the same section. The land was then owned by the state of Montana. Ditches and water rights on the south half of the section only are involved here. W. E. Newton obtained patent from the state of Montana to…