McDonald v. Lannen
Montana Supreme Court
Appeal from, District Court, Cra/nite County; Theo. Brantly, Judge. Action by Angus A. McDonald against Edward Lannen and others to determine the priorities between water rights. There was a judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. This action was commenced on the 7th day of November, 1893, under Sec. 1260, p. 997, 6th Div.
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Appeal from, District Court, Cra/nite County; Theo. Brantly, Judge. Action by Angus A. McDonald against Edward Lannen and others to determine the priorities between water rights. There was a judgment for defendants, and plaintiff appeals. Statement of the case by the justice delivering the opinion. This action was commenced on the 7th day of November, 1893, under Sec. 1260, p. 997, 6th Div. Compiled Statutes Mont., for the purpose of determining the respective priorities of the plaintiff and the defendants, who were claimants of the use of the waters of Willow creek, in the county of Granite,…
1Opinion of the CourtBuck, J.
Appellant (plaintiff in the lower court) complains that the trial court was not justified by the evidence in finding May 15, 1871, to be the date of his appropriation of water. Appellant testified that he had commenced to dig his appropriation ditches in the fall of 1870, and that he completed them in the spring of 1871. A witness called in his behalf testified that the said ditches had been ££ taken out ” in 1871, “ early in the spring, April or May,” he was not sure which; that he (witness) had assisted in the construction of one of these ditches in the spring of 1871; and that at the time…
2Cases cited5 opinions
- Tucker v. JonesMontana Supreme Court · 1888
- Hindman v. RizorOregon Supreme Court · 1891
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Quigley v. BirdseyeMontana Supreme Court · 1892
- Barkley v. TielekeMontana Supreme Court · 1874
3Cited by29 opinions
- Smith v. DenniffMontana Supreme Court · 1900
- Bailey v. TintingerMontana Supreme Court · 1912
- St. Onge v. BlakelyMontana Supreme Court · 1926
- Toohey v. CampbellMontana Supreme Court · 1900
- Norman v. CorbleyMontana Supreme Court · 1905
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