Warren v. Senecal

This is an appeal by the plaintiffs and G. B. Jeffers as administrator of the estate of Rufus Johnson, deceased, from a judgment awarding the defendants Delia Senecal and Felix Senecal certain ditch and water rights from Trout Creek in Powell county (formerly a portion of Deer Lodge county).

Ditch No. 2, or the Johnson ditch, which is a material subject of this controversy, was dug in the early days, no one knows just when. It taps the right or westerly bank of Trout Creek about half a mile above where the old stage road from Blackfoot City to Helena crosses that stream, and runs thence *212first…