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STOVER v. ELLIOT

No. 9955.

350 P.2d 585 (1960)

James J. STOVER and Fannie E. Stover, Plaintiffs and Appellants, v. George ELLIOT and Grace Elliot, Defendants and Respondents.

Supreme Court of Montana.

Decided March 24, 1960.

Rehearing denied April 11, 1960.

Attorney(s) appearing for the Case

Lyman H. Bennett, Sr., Virginia City, Lyman H. Bennett, Jr., Bozeman, Lyman H. Bennett, Jr., argued orally for appellants.

Corette, Smith & Dean, Kendrick Smith, Butte, Kendrick Smith argued orally for respondents.

CASTLES, Justice.

This appeal is from a judgment entered in favor of defendants on a suit to determine the right to the waters of a spring located in Jefferson County after a motion for new trial was denied.

Plaintiffs own the SE 1/4 of the SE 1/4 of Section 22, Township 2 North, Range 3 West, M.P.M. Defendants own the remainder of Section 22 and all of Section 23 which adjoins Section 22. The spring is located on defendants' land at a place where defendants...

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