Brownfield v. Bier
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. EjectmeNT. Judgment was rendered for the plaintiff by McHatton, J. Statement of the case by the justice delivering the opinion: This is an action in the nature of ejeetmeut. The complaint alleges the plaintiffs seizure in fee and right of possession to lots 5 and 6, block 6, in the Noyes and Upton addition to the city of Butte. It alleges ouster by the defendants, and damages, and demands possession and damages.
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Appeal from Second Judicial District, Silver Bow County. EjectmeNT. Judgment was rendered for the plaintiff by McHatton, J. Statement of the case by the justice delivering the opinion: This is an action in the nature of ejeetmeut. The complaint alleges the plaintiffs seizure in fee and right of possession to lots 5 and 6, block 6, in the Noyes and Upton addition to the city of Butte. It alleges ouster by the defendants, and damages, and demands possession and damages. The defendant Bier is the tenant of the defendant Hennessy. The controversy is between a placer mine claimant and a quartz…
1Opinion of the CourtDe Witt, J.
— It is quite true that there was some apparently rather substantial testimony,, introduced on the part of the defendants, tending to show that, when the application was made for the placer patent, the vein of the Augusta lode claim was known to exist. They introduced evidence showing that on the 16th of April, 1875, John Noyes and David Upton, who were two of the placer applicants, had located the alleged vein as the Eldorado quartz lode mining claim. They also showed that the said locators of the Eldorado claim sold the same to one Adam Earrady, the consideration named in the deed being…
2Cases cited16 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Barden v. Northern Pacific RailroadSupreme Court of the United States · 1894
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
- Davis's Administrator v. WeibboldSupreme Court of the United States · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Murray v. HeinzeMontana Supreme Court · 1895
- Migeon v. Montana Cent. Ry. Co.Court of Appeals for the Ninth Circuit · 1896
- Cleary v. SkiffichSupreme Court of Colorado · 1901
- Noyes v. CliffordMontana Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.