Power v. Switzer
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County. Action by T. C. Power and others against Jacob Switzer. From a judgment for defendant and an order denying a new trial, plaintiffs appeal. Statement of the case by the justice delivering the opinion. Action to quiet title to the right of use of the water of Uncle George’s creek, in Deer Lodge county, and to enjoin defendant from diverting said water.
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Appeal from District Court, Lewis and Clarke County. Action by T. C. Power and others against Jacob Switzer. From a judgment for defendant and an order denying a new trial, plaintiffs appeal. Statement of the case by the justice delivering the opinion. Action to quiet title to the right of use of the water of Uncle George’s creek, in Deer Lodge county, and to enjoin defendant from diverting said water. Plaintiffs allege ownership and possession of lots Nos. él, é2, 38 and 39, in township 10 north, of range 6 west, embracing about 500 acres. Possession and use for pasture and growing of hay is…
1Opinion of the CourtHunt, J.
— After the testimony was heard upon the trial of the case, the learned judge of the district court went upon the land described in the statement of facts, and observed its character and the location of the water rights involved in the controversy. Afterwards findings of fact were made substantially as follows: That the lands are arid, near the top of the range of the Rocky mountains; that lots 41 and 42 were originally patented by the predecessors of the plaintiffs as gold placer claims, and were never used by the predecessors of plaintiffs for any other purpose than mining claims as long as…
Also in this document: Concurrence.
2Cited by25 opinions
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Allen v. PetrickMontana Supreme Court · 1924
- Bailey v. TintingerMontana Supreme Court · 1912
- Toohey v. CampbellMontana Supreme Court · 1900
- Kelly v. Teton Prairie LLCMontana Supreme Court · 2016
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