Legal Opinion

Lensing v. Day & Hansen Security Co.

Montana Supreme Court

Decided May 26, 1923No. 5,198PublishedCited by 19 opinions

Appeal from District Court, Poicell County; George B. Winston, Judge. Action by B. F. Lensing against the Day & Hansen Security Company and others to quiet title to certain water rights. Judgment for defendants, and plaintiff appeals.

1Opinion of the Court

MR. CHIEF COMMISSIONER FELT

prepared the opinion for the court.

This is in effect an action to quiet the title to 250 inches of the waters of Your Name Creek, as being appurtenant to the lands described in the complaint. The plaintiff holds said lands under a deed executed by the Day & Hansen Security Company, one of the defendants herein, and delivered to the plaintiff on the thirty-first day of December, 1914. The granting clause of this deed, after describing the lands conveyed, continues: “Containing, according to the United States government survey, 291.50 acres, more or less, together…

2Cases cited3 opinions

  1. Smith v. DenniffMontana Supreme Court · 1900
  2. Sweetland v. OlsenMontana Supreme Court · 1891
  3. Smith v. DenniffMontana Supreme Court · 1899

3Cited by19 opinions

  1. Skelton Ranch, Inc. v. Pondera County Canal & Reservoir Co.Montana Supreme Court · 2014
  2. Brennan v. JonesMontana Supreme Court · 1936
  3. MacLay v. Missoula Irrigation DistrictMontana Supreme Court · 1931
  4. Holmstrom Land Co. v. Meagher County Newlan Creek Water DistrictMontana Supreme Court · 1979
  5. Yellowstone Valley Co. v. Associated Mortgage Investors, Inc.Montana Supreme Court · 1930

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