Anaconda National Bank v. Johnson

This is an appeal from a judgment against plaintiff after its motion for a new trial was denied.

The waters of Dempsey creek in Powell county frequently have been the subject of litigation. It is conceded to be an adjudicated stream within the meaning of the statute. (Sec. 7119, Rev. Codes 1921.)

The principal stream, or south fork, rises near the foot of Mount Powell and thence takes its course for several miles through a mountainous countiy. Here and there its channel widens out and, extending over a considerable area, forms lakes. So came into being the particular subject of this lawsuit, a…