Shreve v. Copper Bell Mining Co.
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson Cownty. Action to determine the right to the possession of mining premises. The cause was tried before Galbraith, J. Defendant had judgment below.
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Appeal from Fifth Judicial District, Jefferson Cownty. Action to determine the right to the possession of mining premises. The cause was tried before Galbraith, J. Defendant had judgment below. I. The court found that the grantors of the plaintiffs did' everything necessary to make a valid location of the Lightning-Lode, except that they failed to make a valid discovery of a mineral-bearing vein or lode before making their location; and upon this point the court found as follows: “ That prior to the time of location, by posting the notice and marking the boundaries of the said Lightning…
1DissentDe Witt, J.
([dissenting). — As the majority of the court affirm the judgment, on the ground of the estoppel, they are freed from any discussion of the question of the “ discovery.” *328As I do not agree with the views expressed upon the estoppel, it is necessary for me to state, first, my opinion in reference to the.“discovery.” I observe the following facts pertinent to my inquiry.
The respondent applied to the United States for a patent upon the Edna Quartz Lode Mining Claim. The appellants contested that application, alleging that they were entitled to the Lightning Claim, which claim included a portion…
2Cases cited15 opinions
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
- Davis's Administrator v. WeibboldSupreme Court of the United States · 1891
- Erhardt v. BoaroSupreme Court of the United States · 1885
- United States v. Iron Silver Mining Co.Supreme Court of the United States · 1888
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