SCHWEND v. JONES

No. 12535.

515 P.2d 89 (1973)

Albert SCHWEND et al., Plaintiffs and Respondents, v. Nola JONES et al., Defendants and Appellants.

Supreme Court of Montana.

Decided October 24, 1973.


Attorney(s) appearing for the Case

Berger, Anderson, Sinclair & Murphy, Billings, James J. Sinclair (argued), Billings, for appellants.

Ayers & Alterowitz, Red Lodge, Arthur W. Ayers, Jr. (argued), Red Lodge, for respondents.


Mr. Justice Frank I. Haswell delivered the Opinion of the Court.

This is an action seeking a declaratory judgment determining ownership of water rights between the purchasers and the seller of farm land under a contract for deed. The district court of Carbon County, the Hon. C.B. Sande, district judge, sitting without a jury, entered judgment for the purchasers. The seller appeals from that judgment.

Plaintiffs and respondents are the contract purchasers,...

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