Glantz v. Gabel

In this action plaintiff and defendant sought a decree fixing their appropriations to the use of the waters of Hogan Slough, a tributary of the Yellowstone River, and determining their rights in the ditch through which the appropriations were made, and respecting the right of way of the ditch across respondent’s lands. Each claimed a prior appropriation. Plaintiff claimed to be the owner by prescription of an undivided one-half interest in the ditch from its headgate in the Hogan Slough to the dividing box, mentioned later, and all of the ditch from that point to his own land. Defendant…