Toombs v. Hornbuckle
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. The facts are contained in the opinion. The action was tried in April, 1870, in the district court, before Symes, J. The decree of the court below was not justified by the evidence or special findings of the jury.
Read the full summary
Appeal from the Third District, Lewis and Clarice County. The facts are contained in the opinion. The action was tried in April, 1870, in the district court, before Symes, J. The decree of the court below was not justified by the evidence or special findings of the jury. The testimony shows that the water flowing from the springs was diminished in quantity almost one-third, and lacked only ten inches of furnishing respondent with all the water he was entitled to by the findings of the jury. The use of this water by miners materially diminished its quantity below the springs. The findings are…
1Opinion of the CourtWarren, C. J.
The plaintiff, in this case, alleges right of possession and user of about two hundred and fifty inches of the waters of Magpie creek, by virtue of his appropriation thereof, made in 1865, by means of a ditch there constructed, for the purpose of irrigation, and alleges a continuous wrongful diversion of such water by defendants, prior to the *288commencement of this action, and threats by defendants to continue such diversion. He prays judgment for damages; that title be established and decreed in him to the extent of his prior appropriation, and that defendants and those in privity with them,…
2Cited by6 opinions
- Carron v. WoodMontana Supreme Court · 1891
- Bach, Cory, & Co. v. Montana Lumber & Produce Co.Montana Supreme Court · 1895
- Ramsey v. Cortland Cattle Co.Montana Supreme Court · 1887
- Budd v. PerkinsMontana Supreme Court · 1886
- Yank v. BordeauxMontana Supreme Court · 1903
1 more not listed; retrieve them via the Exa API.