Meagher v. Hardenbrook
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action to determine the right to the use of the waters of a stream. The cause was tried before Durfee, J., without a jury. Certain of the defendants appeal from the judgment. The ownership of the ditch in question was divided into twenty-four parts, each part being represented by a share. This would make such owners tenants in common of the ditch and of the right to use the water flowing therein.
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Appeal from Third Judicial District, Deer Lodge County. Action to determine the right to the use of the waters of a stream. The cause was tried before Durfee, J., without a jury. Certain of the defendants appeal from the judgment. The ownership of the ditch in question was divided into twenty-four parts, each part being represented by a share. This would make such owners tenants in common of the ditch and of the right to use the water flowing therein. (McConnell v„ Denver, 35 Cal. 365; 95 Am. Dec. 107, and cases cited therein.) It is claimed that Hardenbrook was a tenant in common with the…
1Opinion of the Court
Harwood, J,
Action to determine the several rights of plaintiff and forty persons named as defendants in and to the waters of “ Race Track Creek,” a natural stream of water situate in Deer Lodge County, tributary to Deer Lodge River. The action was tried by the court sitting without a jury, and by findings made in writing, and judgment accordingly, the court found and determined the respective rights of all the parties to the action in and to the waters of said creek, and also the relation of such water rights to one another as to priority. All parties having set up their respective claims to…
2Cases cited4 opinions
- Bradley v. HarknessCalifornia Supreme Court · 1864
- Woolman v. GarringerMontana Supreme Court · 1872
- Junkans v. BerginCalifornia Supreme Court · 1885
- Higgins v. BarkerCalifornia Supreme Court · 1871
3Cited by12 opinions
- Galiger v. McNultyMontana Supreme Court · 1927
- Wimer v. SimmonsOregon Supreme Court · 1895
- Johnston v. Little Horse Creek Irrigating Co.Wyoming Supreme Court · 1904
- Cache La Poudre Irrigating Co. v. Larimer & Weld Reservoir Co.Supreme Court of Colorado · 1898
- Osnes Livestock Co. v. WarrenMontana Supreme Court · 1936
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