Legal Opinion

Sweetland v. Olsen

Montana Supreme Court

Decided July 13, 1891PublishedCited by 26 opinions

Appeal from Tenth Judicial District, Fergus County. Action to establish priority in water right and for an injunction. The cause was tried before Benton, J. Plaintiff had judgment below. Does the conveyance of land “ with all appurtenances55 convey a water right that is situated off from the land conveyed ? A water right is real estate, and is of the same character and grade as any other real estate.

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Appeal from Tenth Judicial District, Fergus County. Action to establish priority in water right and for an injunction. The cause was tried before Benton, J. Plaintiff had judgment below. Does the conveyance of land “ with all appurtenances55 convey a water right that is situated off from the land conveyed ? A water right is real estate, and is of the same character and grade as any other real estate. (Barkley v. Tieleke, 2 Mont. 59.) Things equal to their principal cannot pass as appurtenant to it. Land cannot be appurtenant to land. (Donnell v. Humphreys, 1 Mont. 530.) In a late case the…

1Opinion of the CourtHarwood, J.

This action was brought to obtain judgment, declaring plaintiff’s prior right, as against defendant, to the use of one half of the waters of Dawkins Creek, for the irrigation of plaintiff’s lands, described in her complaint, situate in Fergus County, and for an injunction prohibiting defendant from further interference with her alleged right to said water. Defendant by answer controverted the allegations of plaiu tiff’s complaint, and set forth facts whereby he claimed to be entitled to the first use of all of the waters of said creek. A trial was had before the court and a jury, wherein each…

2Cases cited2 opinions

  1. Tucker v. JonesMontana Supreme Court · 1888
  2. Donnell v. HumphreysMontana Supreme Court · 1872

3Cited by26 opinions

  1. Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
  2. Coxl v. CampbellTexas Supreme Court · 1940
  3. Allen v. PetrickMontana Supreme Court · 1924
  4. Bullerdick v. HermsmeyerMontana Supreme Court · 1905
  5. Lakeside Irrigation Co. v. Markham Irrigation Co.Texas Supreme Court · 1926

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