Hornbuckle v. Stafford

This suit was brought by Stafford, the appellee, against Hornbuekle and Marshall, the appellants, to restrain them from diverting from his ditch a certain quantity of water to which he claimed to be entitled. The complaint alleged that the appellee ivas entitled to such quantity of the waters of Avalanche Creek, or Gulch as it is sometimés called in the record,-in the county of Meagher and Territory of Montana, as would amount to thirty-ffveinches miner’s measurement, at any point on said creek above the place where the White and Tower ditch taps the same, and that his right to said quantity…