Midkiff v. Kincheloe

263 P.2d 976 (1953)

MIDKIFF

v.

KINCHELOE.

No. 9118.

Supreme Court of Montana.

Submitted March 24, 1953.

Decided June 26, 1953.

Dissenting Opinion December 9, 1953.

As Amended on Denial of Rehearing, December 15, 1953.

Farr & Colgrove, Miles City, for appellant. Roland V. Colgrove, Miles City, argued the case orally.

W. B. Leavitt, Miles City, F.F. Haynes, Forsyth, for respondent. W. B. Leavitt argued the case orally.

ANGSTMAN, Justice.

Plaintiff owns land in Rosebud county requiring artificial irrigation. He has used the land since 1916 as a livestock ranch. He contends that he is entitled to the water of…