Worden v. Alexander

HONOEABLE W. L. FOED, District Judge,

sitting in place of ME. CHIEF JUSTICE JOHNSON, disqualified, delivered the opinion of the court.

This was an action brought for the purpose of procuring an adjudication of the water rights of the plaintiff and the defendants to the waters of Lolo Creek and its tributaries located in Missoula county, and the defendants D. E. Maclay, Holmes Maclay, Samuel S. Maclay, David J. Maclay, Helen Maclay Schroeder, and John Schroeder have appealed from the decree adjudicating such rights.

The case was originally tried before Honorable Theodore Lentz, who heard all the…