Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-07-29
Judge cheadle cmes to Decision In
the Pirrie vs.. MouIe Case Tried
Last Year.
PIRRIe GETS THE FIRST RIGH-
Plaintiff In the Case Gets First 1866
Inches Of Waters Of Swimming
Woman Creek.

the courts OF this state for adjudica-
ton.
The case was entitled George
pirrie, plaintiff, VS.. p. I. Moule, Dan
lei Whelan, Annie Whelan, Charles B.
Shapes, William F. Williamson, Eli
sha M. Clark, Frank ]. Cameron,
Frank Walters, William Walters, A.
P. Brewington, Samuel Baker and JOS
eph Sims, defendants" r. Won To-
bel and Walsh & Newman appeared
for Pirrie, Lewis Penwell and McCon-
nell & Mcconnell for Moule, w. NJ.
Johnston for Whelan. Blackford G.
Blackford for Shapes, Williamson
Brewington and Cameron. The action
was brought to determine the rights
of the respective parties to the water
in Swimming Woman creek in the
southern part of the county The
case was heard in June of last year
by Judge Cheadle. a jury having been
expressly waived.
The decree is a long one, requiring
ten pages of typewriter matter. In
substance II is as follows:
The plaintiff. George Pirrie. is en-
titled to the first 165 inches of the
waters of Swimming Woman creek
and its tributaries by virtue of an ap-
preparation thereof by his predeces-
sor in interest, Michael O'brien on the
Sth day of March, 1883, diverting
through what is known as the "O'Brien
ditch and known as the "O'Brien
right"
Defendant Moule, his heirs, etc,
subject to the prior right o. the plain.
tiff to the use of the aforesaid "O'Brien
right" is entitled to the next 120
inches of waters of the said Swim.
ming Woman creek, diverted by
means of the "Geer" ditch and known
as the "Geer right"
Defendants Daniel Whelan and An.
ma Whelan, their heirs, etc., subject
to the prior right or plaintiff to the
"O'Brien right" and of defendant
Moule to the "Geer right" Ire EMIT
led to the next 200 inches of the wa.
tiers of Swimming Woman creek by
virtue of the Thomas Brewingtol
right" Defendant A. p. Brewington,
subject to the rights previously given,
is entitled to the next 1875 inches oil
the waters of the said Swimming
Woman creek. Plaintiff George Pr.
RE. his heirs, ETC.. subject to the prior
rights of Moule, Whelan and Brewing
ton. is entitled to the next io5 inches
of water of said Swimming Woman
creek by virtue of the George Jones
right"
Defendant Sharp and Williamson.
their heirs, ETC., subject to all of the
prior rights hereinbefore in this de
cree mentioned and described. are en-
titled to the next 14O inches OF the
waters of the said Swimming Woman
creek by virtue of what is known a.
the William Ferguson Leaf.
Plaintiff George Pirrie. his heirs,
etc, subject to the prior rights of the
defendants hereinbefore mentioned
and described, is entitled to the next
l45 inches of the waters Of the said
Swimming Woman creek, by virtue oil
what is known as the "Torger Stigen
right"
Plaintiff George Pirrie, his heirs
his heirs. ETC., subject to the priol
rights of respective defendants here
inbefore mentioned ana described, Is
entitled to the next 160 inches OF the
waters of the said Swimming Woman
creek by virtue of what is known as
the second Torger Stigen right De
PENDANT Moule, subject to the priol
rights of the plaintiff and the severa
defendants hereinbefore mentioned
and described, Is entitled to the mex
100 inches of the waters oil the sai'
Swimming Woman creek by virtue
of what is known as the jackson
right" Defendant Moule Is also en-
titled to the use of the next $50 inches
of the waters of the said Swimm.nt
Woman creek, said rights being sub
ject to prior rights OF plaintiff an
lue several defendants. and by yirtu.
of what is known as the Awe right.
Plaintiff George Pirrie, his heirs
ETC., subject to certain other prio'
rights of the defendants ~hereinbefor'
mentioned and described, Is entitle'
TO the next 120 inches OF the waters
of said Swimming Woman creek b.
virtue Of what is known as she "bian
ford right" Defendants Sharpe AM
Williamson, their heirs, etc, subjec
10 certain prior rights Of the plain
tiff and certain other defendants here
inbefore mentioned and described, ar
entitled to the next 80 inches or wa
tiers OF the said waters OF the SAT-
Swimming Woman creek by virtue 0
what is known as the Taylor right.
Defendant Moule, his heirs, etc
subject to prior rights OF the PLAIN
tiff and certain other defendants i
entitled to the next 80 inches OF wa
tiers of the said Swimming woman
creek hy virtue of what is known a
the Highland right" Defendan
Moule. his heirs, etc. subject 10 Tn
prior rights of plaintiff Pirrie an
certain other defendants hereinpelor'
mentioned and described. is entitled
10 the next 200 inches Of the water
OF the said Swimming Woman cresN
by virtue of what is known as III
Louis p. Stigen right"
Defendant Mole, his heirs, etc, SUI
ject to the certain prior right OF PLAIN
tiff Pirrie and certain other deieno
ants, h~ereinbefore mentioned and de
scribed. is entitled 10 the use OF Tn
next $50 inches Of the waters OF sal'
Swimming Woman creek, by ylrtu
of what is known as the Lee rlgnt;
Defendant Frank ]. Cameron, ~
heirs, etc. subject to the prior rlghl
of the plaintiff and the several respec'
) i've defendants h~ereinbefore mentor
ed and described, is entitled 10 IN
use Of the next 14O inches OF Tn
| waters Of La Belle creek. a trlputaF
of the said Swimming Woman cree
and known as the Frank j. Cameron
right u,
: Plaintiff Pirrie. his heirs. etc. SUI