Northern Pacific Ry. Co. v. County of Musselshell
Montana Supreme Court
Appeal from District Court of Musselshell County; Chas. L. Crum, Judge. Action by the Northern Pacific Railway Company against the County of Musselshell and the treasurer thereof to restrain the issuance of a tax deed. From a judgment entered after sustaining defendants’ demurrer to the complaint, plaintiff appeals. According to the decision in Northern Pac. Ry.
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Appeal from District Court of Musselshell County; Chas. L. Crum, Judge. Action by the Northern Pacific Railway Company against the County of Musselshell and the treasurer thereof to restrain the issuance of a tax deed. From a judgment entered after sustaining defendants’ demurrer to the complaint, plaintiff appeals. According to the decision in Northern Pac. Ry. Co. v. Mjelde, 48 Mont. 287, 137 Pae. 386, a body of coal developed to the extent of producing, or of being capable of producing, is a mine without reference to the law pursuant to which title to the land in which the coal is…
1Opinion of the CourtChief Justice Brantly
This is an appeal from a judgment rendered and entered after an order sustaining defendants ’ demurrer to the complaint *101and denying plaintiff an injunction. The facts alleged as grounds for relief are these:
On August 27, 1908, the plaintiff conveyed to one Magnus Lindstrand section 35, township 8 N., range 25 E., in Mussel-shell county, reserving ‘1 all coal and iron upon or in said land, and also the use of such surface ground as may be necessary for the exploring for and mining or otherwise extracting and carrying away the same.” In the year 1913 the assessor of Musselshell county assessed…
2Cases cited3 opinions
- Northern Pacific Ry. Co. v. MjeldeMontana Supreme Court · 1913
- Danforth v. LivingstonMontana Supreme Court · 1900
- Barnard Realty Co. v. City of ButteMontana Supreme Court · 1915
3Cited by31 opinions
- Radke v. Union Pacific Railroad CompanySupreme Court of Colorado · 1959
- Powder River County v. StateMontana Supreme Court · 2002
- Board of Com'rs of Sweetwater County, Wyo. v. BernardinCourt of Appeals for the Tenth Circuit · 1934
- State ex rel. Hinz v. MoodyMontana Supreme Court · 1924
- Byrne v. Fulton Oil Co.Montana Supreme Court · 1929
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