Shammel v. Vogl

MB. CHIEF JUSTICE JAMES T. HARRISON,

delivered the opinion of the Court.

This action is one to quiet title to a water right and its appurtenant ditch easement, hereinafter referred to as the Weidman right, and involves the East Fork of Big Spring Creek in Fergus County, Montana. The Creek flows north across the land of the defendants (George and Elizabeth Vogl) and then turns east a short distance onto the land of one Bacon before continuing to flow north and onto the land of the plaintiff (Lee Shammel). Plaintiff’s land is, therefore, downstream of the defendants’. The legal description of the…