Stephen Johnson Field

“ The title to the ground occupied by the town, including the streets and alleys, was in the United States until the entry of the town-site in 1869. The original occupants of the lots recognized the existence of the alley, as did their grantees and successors in interest, until such entry, and received their deeds bounded thereon. The principal use of the alley was to take in wood and hay for the adjoining occupants, and for the ingress and egress of their cows. ”

“ The plaintiffs are the owners of certain lots in a block bordering on the alley over which they claim a right of way, an easement which they or their predecessors used and enjoyed from 1866 to 1871, when the defendant caused the obstruction complained of. In the pleadings and in the findings several facts are assumed to be well known, upon which no information is given; as that the lands within the city of Helena were, in 1869, entered in the local land-office, by the probate judge of the county, under the town-site act ”

“ As thus seen, the act required the entry of land settled upon and occupied, to be in trust 'for the several use and benefit of the occupants thereof, according to their respective interests.' The very notion of land settled upon and occupied as a town-site implies the existence of streets, alleys, lots, and blocks ”