SPAETH v. EMMETT

No. 10456

383 P.2d 812 (1963)

Alfred G. SPAETH, Plaintiff and Appellant, v. Beatrice EMMETT, Administratrix of the Estate of Dewey Emmett, Deceased, and Dewey D. Emmett, Defendants and Respondents.

Supreme Court of Montana.

Decided July 23, 1963.


Attorney(s) appearing for the Case

J.H. McAlear (argued orally), Red Lodge, Blenkner & Blenkner, E.A. Blenkner (argued orally), Columbus, for appellant.

Wiggenhorn, Hutton, Schlitz & Sheehy, John M. Schlitz (argued orally), Billings, for respondents.


CASTLES, Justice.

This is an appeal from a judgment and decree in favor of defendants entered pursuant to the district court's findings of fact and conclusions of law.

The action concerns water and ditch rights on two adjoining tracts of land. One of the tracts, which for purposes of clarity we will call the Barnum tract, is now owned by plaintiff, appellant here. The other tract is owned by defendants, respondents here, and that tract will be called the Spaeth...

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