SHAMMEL v. VOGL

No. 10571.

396 P.2d 103 (1964)

Lee SHAMMEL, Plaintiff, Appellant and Respondent, v. George VOGL and Elizabeth Vogl, his wife, Defendants and Appellants.

Supreme Court of Montana.

Rehearing denied November 16, 1964.


Attorney(s) appearing for the Case

Peter L. Rapkoch, County Atty., Lewistown, Hall, Alexander & Kuenning, Great Falls, Edward C. Alexander (argued), Great Falls, for plaintiff and respondent.

Anderson, Symmes, Forbes, Peete & Brown, Billings, Arthur P. Acher (argued), Helena, Charles E. Marshall (argued), Lewistown, Weymouth D. Symmes (argued), Billings, for appellants and defendants.


JAMES T. HARRISON, Chief Justice.

This action is one to quiet title to a water right and its appurtenant ditch easement, hereinafter referred to as the Weidman right, and involves the East Fork of Big Spring Creek in Fergus County, Montana. The Creek flows north across the land of the defendants (George and Elizabeth Vogl) and then turns east a short distance onto the land of one Bacon before continuing to flow north and onto the land of the plaintiff (Lee Shammel...

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