Middle Creek Ditch Co. v. Henry
Montana Supreme Court
Appeal from Ninth Judicial District, Gallatin County* Action to determine water rights. Plaintiff’s motion for a new trial was denied by Armstrong, J. Statement of the case by the justice delivering the opinion: This action was brought by the plaintiff for the purpose of finally settling and determining the rights of itself and the twenty-two defendants in and to the use of the water of Middle creek in Gallatin county. (Comp.
Read the full summary
Appeal from Ninth Judicial District, Gallatin County* Action to determine water rights. Plaintiff’s motion for a new trial was denied by Armstrong, J. Statement of the case by the justice delivering the opinion: This action was brought by the plaintiff for the purpose of finally settling and determining the rights of itself and the twenty-two defendants in and to the use of the water of Middle creek in Gallatin county. (Comp. Stats., div. 5, § 1260.) The case was tried, and findings were made, upon which judgment was entered, determining the rights, and the priorities of rights, of the…
1Opinion of the CourtDe Witt, J.
— We are of opinion that the instrument in writing, signed by the lower appropriators in 1871, was a grant to the association of the upper appropriators, then called the Upper Middle Creek Ditch Company, of the usufruct of the water of Middle creek, as appropriated and owned by the lower appropriators at the time of the grant. Such usufruct was of the nature of real estate. (Quigley v. Birdseye, 11 Mont. 439; Barkley v. Tieleke, 2 Mont. 64; Sweetland v. Olson, 11 Mont. 27; Black’s Pomeroy on Water Rights, §§ 60, 61.)
*573The granting words of that instrument are, “do hereby give and grant.” The…
2Cases cited20 opinions
- Richardson v. McNultyCalifornia Supreme Court · 1864
- Tucker v. JonesMontana Supreme Court · 1888
- Hunter v. WatsonCalifornia Supreme Court · 1859
- Smith v. WilliamsMichigan Supreme Court · 1880
- Sweetland v. OlsenMontana Supreme Court · 1891
15 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- City of Los Angeles v. AbbottCalifornia Court of Appeal · 1933
- Smith v. DenniffMontana Supreme Court · 1900
- St. Onge v. BlakelyMontana Supreme Court · 1926
- Brennan v. JonesMontana Supreme Court · 1936
- MacLay v. Missoula Irrigation DistrictMontana Supreme Court · 1931
25 more not listed; retrieve them via the Exa API.