Hays v. Buzard
Montana Supreme Court
Appeal from District Court, Gallatin County; William L. Holloway, Judge. Action by Joseph A. Hays against Walter Buzard and another. From a judgment for defendants, and an order denying his motion for a new trial, plaintiff appeals. Hp to the time that William Herron deeded to Joseph Herron he was in exclusive possession and occupancy of the three 160-acre tracts, claiming and using the water upon them.
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Appeal from District Court, Gallatin County; William L. Holloway, Judge. Action by Joseph A. Hays against Walter Buzard and another. From a judgment for defendants, and an order denying his motion for a new trial, plaintiff appeals. Hp to the time that William Herron deeded to Joseph Herron he was in exclusive possession and occupancy of the three 160-acre tracts, claiming and using the water upon them. The 200 inches of water had not been divided, but was in the nature of an easement in gross. However, upon the sale to Joseph Herron of the northwest quarter of section 20, with the…
1Opinion of the CourtChief Justice Bbantly
This action was brought to determine plaintiff’s right to the use of 100 inches of water in Cotton Wood creek, in Gallatin county, Montana, together with a certain ditch conveying the same to and upon plaintiff’s land, to-wit, the northwest quarter of section 20, township 3 south, of range 5 east of the Montana meridian. The defendant Tenor a Herron is the owner of the southwest quarter of section 17 of the same township, and the defendant Walter Buzard is the owner of the northwest quarter of the same section. William Herron, the deceased husband of Tenora Herron, in 1878 made a timber…
2Cases cited6 opinions
- Nevada Ditch Co. v. BennettOregon Supreme Court · 1896
- Tucker v. JonesMontana Supreme Court · 1888
- Cobban v. HecklenMontana Supreme Court · 1902
- Sweetland v. OlsenMontana Supreme Court · 1891
- Provins v. LoviSupreme Court of Oklahoma · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Department of State Lands v. PettiboneMontana Supreme Court · 1985
- Bullerdick v. HermsmeyerMontana Supreme Court · 1905
- Warren v. SenecalMontana Supreme Court · 1924
- First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
- Osnes Livestock Co. v. WarrenMontana Supreme Court · 1936
11 more not listed; retrieve them via the Exa API.