Donnell v. Humphreys
Montana Supreme Court
Appeal from Second District, Deer Lodge County. In September, 1871, the court, Knowles, J., entered judgment in favor of Humphreys. The facts are stated in. the opinions. The court should interpret and construe the deed, after knowing what property is referred to. It is to be construed in the light of surrounding circumstances in order that the intent and meaning of the parties should be perfectly understood. 1 Grreenl.
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Appeal from Second District, Deer Lodge County. In September, 1871, the court, Knowles, J., entered judgment in favor of Humphreys. The facts are stated in. the opinions. The court should interpret and construe the deed, after knowing what property is referred to. It is to be construed in the light of surrounding circumstances in order that the intent and meaning of the parties should be perfectly understood. 1 Grreenl. Ev., § 277. It is not attempted to contradict or vary the language of the deed by parol evidence, but to explain and ascertain the subject-matter of the same. 1 Grreenl. Ev.,…
1Opinion of the CourtWade, C. J.
This cause comes into this court on appeal from a judgment for defendants in the court below. The action is trespass, and the complaint alleges that the plaintiffs are the owners of and are entitled to the possession of certain water ditches, known as the Silver Bow Company’s ditches, and more particularly known as the ditches formerly owned by Humphreys and Allison jointly, which ditches convey the natural waters of Silver Bow creek, and the waters emptied into said creek by what is known as the Park tributary of said ditches, to Butte City and the placer mines in that vicinity, also all the…
2Cases cited4 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Tabor v. . BradleyNew York Court of Appeals · 1858
- Blake v. ClarkSupreme Judicial Court of Maine · 1830
3Cited by19 opinions
- Mary J. Baker Revocable Trust v. Cenex Harvest States, Cooperatives, Inc.Montana Supreme Court · 2007
- Frank v. HicksWyoming Supreme Court · 1894
- Tucker v. JonesMontana Supreme Court · 1888
- Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891
- Sweetland v. OlsenMontana Supreme Court · 1891
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