Babcock v. Gregg
Montana Supreme Court
Appeal from District Court, Musselshell County; Chas. L. Crum, Judge. Action by Ida Babcock and others against J. B. Gregg. From a judgment for plaintiff and an order denying them a ne.w trial, plaintiffs appeal. It is settled law that in 1910, and immediately prior to the ditch change, the appellants, in so far as lots 1 and 2, block 4, Ryegate, are concerned, had title only to the portions thereof actually then traversed by their ditch.
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Appeal from District Court, Musselshell County; Chas. L. Crum, Judge. Action by Ida Babcock and others against J. B. Gregg. From a judgment for plaintiff and an order denying them a ne.w trial, plaintiffs appeal. It is settled law that in 1910, and immediately prior to the ditch change, the appellants, in so far as lots 1 and 2, block 4, Ryegate, are concerned, had title only to the portions thereof actually then traversed by their ditch. (State v. Auchwrd, 22 Mont. 14, 55 Pac. 361; Pope v. Alexander, 36 Mont. 82, 92 Pae. 203, 565.) It is likewise settled law that an easement which has vested…
1Opinion of the CourtJustice Holloway
delivered the' opinion of the court.
Plaintiffs own approximately 1,500 acres of farm lands in Musselshell county, have appropriations of water for the irrigation of the same and a main ditch and laterals for distribution. In May, 1910, they had acquired by prescription a right of way for the main ditch over a portion of land which was platted as the town site of Ryegate. The ditch crossed diagonally lots 1 and 2 in block 4, which lots, so far as material here, are owned by the defendant. This suit was instituted to secure an injunction restraining defendant from interfering with the ditch and…
2Cases cited3 opinions
- Great Falls Water Works Co. v. Great Northern Railway Co.Montana Supreme Court · 1898
- Conrow v. HuffineMontana Supreme Court · 1914
- Lewis v. PattonMontana Supreme Court · 1911
3Cited by18 opinions
- Ferguson v. StandleyMontana Supreme Court · 1931
- Brennan v. JonesMontana Supreme Court · 1936
- MacLay v. Missoula Irrigation DistrictMontana Supreme Court · 1931
- Mammoth Cave National Park Ass'n v. State Highway CommissionCourt of Appeals of Kentucky (pre-1976) · 1935
- Sherlock v. GreavesMontana Supreme Court · 1938
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