(DOWNLOAD) "Selle v. Storey" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Selle v. Storey
- Author : Supreme Court of Montana
- Release Date : January 04, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
WATERS AND WATER COURSES ? ADVERSE POSSESSION ? JUDGMENT ? QUIET TITLE ? EASEMENTS ? LANDLORD AND TENANT. 1. Waters and Water Courses ? Failure to mention ditch right in deed of no consequence. Where deed after describing property by legal subdivisions contained the clause: "Together with all the tenements, hereditaments, and appurtenances, water rights and water ditches to the same belonging," if grantees predecessor used ditch for more than ten years there was title in him by prescription which passed to - Page 2 grantee by deed, and it was of no consequence that deed did not specially mention the ditch right as an appurtenance. 2. Adverse Possession ? Title by prescription. A title by prescription is as effective as though evidenced by deed. 3. Adverse Possession ? Presumption of ownership ? burden of proof. Where claimant has shown open, visible, continuous and unmolested use of anothers land for statutory period, such use will be presumed to be under a claim of right, and not by license, and burden of showing otherwise is on the owner. 4. Waters and Water Courses ? Extent of use for prescription right. Continuous use does not imply constant use, and all that is necessary to obtain title by prescription to a ditch conveying water is that the ditch be used whenever water was needed. 5. Waters and Water Courses ? Evidence sustained prescription right. In action to quiet title wherein defendant filed a cross complaint claiming title by prescription of right of way easement over lands described in complaint through a water course to carry 300 inches of water, evidence sustained finding that defendant had acquired title to easement by prescription. 6. Easements ? Effect of use by tenant. Generally, adverse use of an easement over land of a third person by a tenant under his lease inures to benefit of landlord to support the latters right to such easement by prescription. 7. Waters and Water Courses ? Landlords adverse possession through tenant. Where landlord knew that tenant was occupying draw to stream bed to conduct water to land occupied by him as tenant, assented thereto and instructed him so to do, such circumstances were sufficient to show that tenant was at least impliedly occupying and using the draw or stream bed under and by virtue of his lease and hence possessory rights acquired by tenant by adverse possession inured to landlord. 8. Judgment ? No error by court in deciding case before reply brief is filed. Plaintiff could not claim that trial court erred in deciding case before plaintiffs reply brief was filed, where plaintiff filed a motion for new trial, and if he had material in his reply brief that called for a different result it could and should have been presented to court at that time. 9. Quieting Title ? Plaintiff entitled to quiet title. Where evidence showed that plaintiff was owner of land described in complaint subject to easements admitted or proved and there was no proof to the contrary, plaintiff was entitled to decree quieting his title to such land.
 "Selle v. Storey" by Supreme Court of Montana " Book PDF Kindle ePub Free){kind=link}