Rhodes v. Weigand

This litigation was commenced in the district court of Ravalli County, on September 21, 1962, by the plaintiffs, hereinafter designated respondents, obtaining a temporary restraining order and order to show cause against the defendant, hereinafter designated appellant. It was claimed that appellant was obstructing the waters of Birch Creek Drain Ditch and that the impounded waters were backing up on respondents’ land precluding the respondents from working their crops.

The record discloses that respondent Rhodes was purchasing the 180 acres from respondent O’Hare under a contract for deed.

It…