City of Billings v. OE Lee Company

This is an appeal from a declaratory judgment by the district court in favor of plaintiff City of Billings. The City brought this action seeking to have its rights under an 1885 easement established. A hearing was had and the district court entered findings of fact, conclusions of law and judgment for the City.

On June 22, 1885, Perry W. McAdow and Clara L. MeAdow, his wife, conveyed to the Billings Water Power Company, a Montana corporation, by warranty deed certain real property consisting of a lot, several strips of land and an easement through their property. The deed provided:

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