Fabian v. Collins
Montana Supreme Court
Appeal from Third District, Lewis and Clarice County. The action was tried before Wade, O. J. This is an action in equity. Appellants were in possession of the water when the action was commenced, and this should have been an action in the nature of ejectment. Equity will not interfere except in aid of such an action. Civ. Pr.
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Appeal from Third District, Lewis and Clarice County. The action was tried before Wade, O. J. This is an action in equity. Appellants were in possession of the water when the action was commenced, and this should have been an action in the nature of ejectment. Equity will not interfere except in aid of such an action. Civ. Pr. Act, title Injunction; Raffetto v. Fiori, 50 Cal. 363 ; Felton v. Justice, 51 id. 529 ; Lewis v. Codes, 23 Wall. 466. This action, having been improperly brought, should be dismissed . The title to a water-right is measured by the same law as is applicable to land. The…
1Opinion of the CourtBlaKE, J.
The report of the appeal in this case from the order of the judge dissolving a temporary injunction renders needless a repetition of the facts which are stated in the opinion of the court. 2 Mon. 510. The complaint was filed April 20, 1876, and contained the following allegations: That the plaintiffs [respondents] and their grantors and predecessors in interest on and before April 19, 1876, were the owners of the Fabian water ditch, which had been constructed for the purpose of conveying all the water of Silver creek flowing in Ottawa gulch upon placer mines of plaintiff's in Jenny’s, basin…
2Cases cited20 opinions
- Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
- Atchison v. PetersonSupreme Court of the United States · 1874
- Lewis v. CocksSupreme Court of the United States · 1874
- Davis v. DavisCalifornia Supreme Court · 1864
- Henshaw v. BissellSupreme Court of the United States · 1874
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Hoppin v. LongMontana Supreme Court · 1925
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Alderson v. MarshallMontana Supreme Court · 1888
- Capital Lumber Co. v. BarthMontana Supreme Court · 1905
13 more not listed; retrieve them via the Exa API.