168 P. 41 | Mont. | 1917
delivered the opinion of the court.
Suit to settle and determine the rights of the respective parties to the waters of Grant Creek in Missoula county. Decree was entered on December 19,1914. Within a year thereafter the appellants filed their notices of appeal, and since that time have filed a bond and transcript for the purpose of perfecting a joint appeal from such decree. Respondents have moved to dismiss the appeal upon several grounds, among them this: “That the * * # appellants * * * each and all acquiesced in, ratified and recognized the validity of the decree, * * * acted under said judgment and decree, claimed and accepted the fruits and benefits thereof, and.enforced their rights thereunder, and that they are now estopped from denying the validity of said judgment or of appealing therefrom, as will appear from the records, papers and files in this action, * * * certified copies of which * * * are attached hereto.”
The record shows that the decree in question, together with the findings of fact and conclusions of law on which the decree is based, were prepared and submitted to the trial court by the
In the domain of the law, as elsewhere, “One cannot eat his
Respondents’ motion is granted and tbe appeal is dismissed.
Dismissed.