Norman v. Corbley
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B.. C. Stewart, Judge. Action by Theodore Norman against A. L. Corbley. From the judgment rendered, and from an order denying a new trial plaintiff appeals.
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Appeal from District Court, Gallatin County; W. B.. C. Stewart, Judge. Action by Theodore Norman against A. L. Corbley. From the judgment rendered, and from an order denying a new trial plaintiff appeals. The continuous and uninterrupted use of half of the waters of the creek by respondent, for the period of the statutes of limitations, under a claim of right, and knowledge of that claim and use on the part of the appellant, unquestionably establishes in respondent a prescriptive right, or a right acquired by adverse user, for all that is necessary to make a use adverse is a claim of right in…
1Opinion of the Court
MR. COMMISSIONER POORMAN
prepared the opinion for the court.
This is an appeal from a judgment and an order overruling plaintiff’s motion for a new trial. The complaint alleges that *201the plaintiff is the prior appropriator, and has the prior right to the nse of two hundred inches of the waters of Corbley creek, Gallatin county; that the defendant interfered with this right. Plaintiff asked judgment that he be decreed to be the owner of the right to the prior use of two hundred inches of the waters of Corbley creek, and that the defendant be restrained from interfering with this right. The answer…
2Cases cited8 opinions
- Murray v. TingleyMontana Supreme Court · 1897
- Chessman v. HaleMontana Supreme Court · 1905
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- McDonald v. LannenMontana Supreme Court · 1897
- Wood v. LowneyMontana Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Snow v. AbalosNew Mexico Supreme Court · 1914
- Tucker v. Missoula Light & Railway Co.Montana Supreme Court · 1926
- Rock Creek Ditch & Flume Co. v. MillerMontana Supreme Court · 1933
- Smith v. DuffMontana Supreme Court · 1909
- Havre Irrigation Co. v. MajerusMontana Supreme Court · 1957
21 more not listed; retrieve them via the Exa API.