MIDKIFF v. KINCHELOE

No. 9118.

263 P.2d 976 (1953)

MIDKIFF v. KINCHELOE.

Supreme Court of Montana.

Decided June 26, 1953.

Dissenting Opinion December 9, 1953.

As Amended on Denial of Rehearing, December 15, 1953.


Attorney(s) appearing for the Case

Farr & Colgrove, Miles City, for appellant. Roland V. Colgrove, Miles City, argued the case orally.

W. B. Leavitt, Miles City, F.F. Haynes, Forsyth, for respondent. W. B. Leavitt argued the case orally.


ANGSTMAN, Justice.

Plaintiff owns land in Rosebud county requiring artificial irrigation. He has used the land since 1916 as a livestock ranch. He contends that he is entitled to the water of Home creek which runs through his ranch but which is a dry creek except that it flows from the spring runoff of melting snows and when the rainfall is sufficient. His contention is that he has used the waters of the creek since 1916 by a system of levees or dikes for the irrigation...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases