Tucker v. Jones
Montana Supreme Court
Appeal from, the District Court, Beaverhead County. STATEMENT. This was an action brought by the plaintiffs for the purpose of determining by a decree of court that they were the owners of, and entitled to a two-thirds interest in a certain irrigating ditch and water right, of which the defendant claimed the exclusive ownership. The case was tried without a jury, and resulted in a decree that the plaintiffs were entitled to a one-half interest in the property aforesaid.
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Appeal from, the District Court, Beaverhead County. STATEMENT. This was an action brought by the plaintiffs for the purpose of determining by a decree of court that they were the owners of, and entitled to a two-thirds interest in a certain irrigating ditch and water right, of which the defendant claimed the exclusive ownership. The case was tried without a jury, and resulted in a decree that the plaintiffs were entitled to a one-half interest in the property aforesaid. Defendant appealed. The court presumed title in plaintiffs instead of presuming it in defendant by actual possession. (Rev.…
1Opinion of the CourtLiddell, J.
This is a contest between the plaintiffs and defendant over the use of a certain irrigating ditch and water right; and in the decision of the cause we are very much assisted by the opinion of the chief justice, who tried the case in the court below. We deduce the following facts from a confused mass of conflicting testimony found in the record: During the year 1866, David Jones and two other men, named Pierce and Durham, settled in the same neighborhood, on adjoining parcels of land, in what is now Beaverhead County, and appropriated the waters of Rattle Snake Creek, by digging a ditch to…
2Cases cited2 opinions
- Cave v. CraftsCalifornia Supreme Court · 1878
- Donnell v. HumphreysMontana Supreme Court · 1872
3Cited by44 opinions
- Simmons v. WintersOregon Supreme Court · 1891
- State v. SouhradaMontana Supreme Court · 1949
- Bailey v. TintingerMontana Supreme Court · 1912
- Bullerdick v. HermsmeyerMontana Supreme Court · 1905
- Lakeside Irrigation Co. v. Markham Irrigation Co.Texas Supreme Court · 1926
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