Barkley v. Tieleke
Montana Supreme Court
Appeal from Fi/rsi District, Jefferson County. The judgment in tbis action was rendered by Seevis, J., wbo tried tbe cause without a jury. Tbe opinion refers to tbe following sections of tbe act relating to “ conveyances of realty.” “ Every conveyance in writing, whereby any real estate is conveyed, or may be affected, shall be acknowledged or proved and certified in the manner hereinafter provided.” Cod.
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Appeal from Fi/rsi District, Jefferson County. The judgment in tbis action was rendered by Seevis, J., wbo tried tbe cause without a jury. Tbe opinion refers to tbe following sections of tbe act relating to “ conveyances of realty.” “ Every conveyance in writing, whereby any real estate is conveyed, or may be affected, shall be acknowledged or proved and certified in the manner hereinafter provided.” Cod. Sts. 396, § 3. “ Tbe term ‘ real estate,’ as used in tbis act, shall be construed as co-extensive in meaning with lands, tenements, hereditaments, and possessory titles to public lands in…
1Opinion of the CourtServts, J.
The plaintiff appeals to this court from the judgment of the court below, refusing a perpetual injunction.
The plaintiff and defendants both owned valuable mining ground, below Indian creek, in Jefferson county, Montana Territory, and owned ditches conveying the waters therefrom to said mining ground. The plaintiff’s ditches were known as the “ Freeman ditch ” and the “ Cedar gulch ditch.” The defendants’ was known as the “ Tieleke ditch.” Both claimed prior right to the waters of said creek. The findings of the court below sufficiently state the facts, which findings are as follows:
“First.…
2Cited by6 opinions
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- McDonald v. LannenMontana Supreme Court · 1897
- Whalon v. North Platte Canal & Colonization Co.Wyoming Supreme Court · 1903
- Custer Consolidated Mines Co. v. City of HelenaMontana Supreme Court · 1912
- Geary v. HarperMontana Supreme Court · 1932
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