Sayre v. Johnson
Montana Supreme Court
Appeal from District Court, Meagher County; W. B. C. Stewart, Judge. ° Action by Ed. Sayre against David Johnson. From a judgment in favor of plaintiff, and from an order denying Ms motion for a new trial, defendant appeals. The corpus of water is not susceptible of ownership in Montana; all that an appropriator or his successor in interest can own, hold or sell is merely a usufructuary interest in the water, i. e., a right to its beneficial use, and no more.
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Appeal from District Court, Meagher County; W. B. C. Stewart, Judge. ° Action by Ed. Sayre against David Johnson. From a judgment in favor of plaintiff, and from an order denying Ms motion for a new trial, defendant appeals. The corpus of water is not susceptible of ownership in Montana; all that an appropriator or his successor in interest can own, hold or sell is merely a usufructuary interest in the water, i. e., a right to its beneficial use, and no more. There is no proprietorship in the water. (Long on Irrigation, sec. 9. See, also, Vernon Irr. Co. v. City of Los Angeles, 106 Cal. 237,…
1Opinion of the CourtJustice Holloway
The purpose of this action was to have determined the relative rights of the parties to the use of waters of the East Fork of Mud Creek, in Meagher county. The plaintiff claims a right to the use of three hundred inches of such water, based upon an appropriation for that amount made by Charles M. Holliday on the 15th day of July, 1895, to which right the plaintiff succeeded by purchase from Holliday in 1901. The defendant disputes the validity of plaintiff’s claim,0and seeks to establish his right to the use of three hundred inches of water in said creek, based upon his appropriation made…
2Cases cited5 opinions
- Smith v. DenniffMontana Supreme Court · 1900
- Toohey v. CampbellMontana Supreme Court · 1900
- Smith v. DenniffMontana Supreme Court · 1899
- Hayes v. Union Mercantile Co.Montana Supreme Court · 1902
- Matusevitz v. HughesMontana Supreme Court · 1901
3Cited by18 opinions
- Bailey v. TintingerMontana Supreme Court · 1912
- St. Onge v. BlakelyMontana Supreme Court · 1926
- First State Bank of Alamogordo v. McNewNew Mexico Supreme Court · 1928
- Donich v. JohnsonMontana Supreme Court · 1926
- Seaweard v. Pacific Livestock Co.Oregon Supreme Court · 1907
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