McDonnell v. Huffine
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action to quiet title and for an injunction by John E. McDonnell and another, against John D. Huffine and others. From a decree in favor of plaintiffs, and from an order denying him a new trial, defendant Robert A. Baxter appeals.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Action to quiet title and for an injunction by John E. McDonnell and another, against John D. Huffine and others. From a decree in favor of plaintiffs, and from an order denying him a new trial, defendant Robert A. Baxter appeals. “An easement is an interest in lands, and the instrument conveying an easement must conform to the requirements of the statutes of frauds and be executed with the formalities essential to conveyance of estates in land.” (10 Am. & Eng. Ency. of Law, 2d ed., 409, 410, and cases cited.) “An easement…
1Opinion of the CourtJustice Holloway
Some time prior to 1871 a ditch was constructed from Middle creek, in Gallatin county, and used for conveying water for irrigation and other useful purposes. The ditch was then known as the Newell ditch, and was used by Bean, Cline, Ferguson, McCormick, Bindley and Jewett, who owned or occupied ranches along the course of the ditch. The ditch headed in Middle creek south of these ranches and the fall of the country is to the north. About 1871 Adam C. Reeves settled on lands immediately north of these ranches, made homestead entry, and also inclosed two government forty-acre tracts adjoining…
2Cases cited15 opinions
- Schmidt v. BrownIllinois Supreme Court · 1907
- Nichols v. McIntoshSupreme Court of Colorado · 1893
- McConnell v. Combination Mining & Milling Co.Montana Supreme Court · 1904
- Coventon v. SeufertOregon Supreme Court · 1893
- Oregon Construction Co. v. Allen Ditch Co.Oregon Supreme Court · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Ferguson v. StandleyMontana Supreme Court · 1931
- Guild v. MoreNorth Dakota Supreme Court · 1915
- Glantz v. GabelMontana Supreme Court · 1923
- Rieman v. AndersonMontana Supreme Court · 1997
29 more not listed; retrieve them via the Exa API.