Bruffey v. Big Timber Creek Canal Co.

This action is one to restrain defendants in the use of water of Big Timber Creek in Sweet Grass County.

*341The case was tried to the court without a jury resulting in findings and judgment in favor of defendants. The appeal is from the judgment and is taken by all plaintiffs except Robert Davis and Walter Papez.

The parties, or their predecessors in interest, were parties in an action entitled Bailey v. Tintinger, 45 Mont. 154, 122 P. 575. In that action the Glass-Lindsay Land Co., predecessor in interest of defendant Company, was awarded 1,000 inches of the waters of Big Timber Creek as of…