Hope Mining Co. v. Brown
Montana Supreme Court
Appeal from District Court, Silver-Bow County. Section 2323 of the United Statés Revised Statutes is to be interpreted: it must be construed in connection with section 2320. To hold the claimant’s tunnel rights in abeyance till discovery is to grant him no rights at all.
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Appeal from District Court, Silver-Bow County. Section 2323 of the United Statés Revised Statutes is to be interpreted: it must be construed in connection with section 2320. To hold the claimant’s tunnel rights in abeyance till discovery is to grant him no rights at all. The owners of the tunnel have the right to the possession of all veins or lodes, within three thousand feet of the face of the tunnel, not previously known to exist, before as well as after discovery; for this tunnel right can exist even though the parties should never make a discovery; but when it is made, they have a right…
1Opinion of the CourtLiddell, J.
The plaintiff in this case appeals from a judgment of the district court sustaining a demurrer of no cause of action; and in order that we may have a-clear understanding of the points presented, it will.be necessary to examine carefully the allegations of the complaint. It seems that the plaintiff is the owner and in the possession of a certain tunnel right and claim, *554known as the “Jubilee Tunnel,” in the Flint Creek mining district, in Deer Lodge County of this territory. It alleges that in June last it caused the'proper notice of the location of paid tunnel to be duly-filed in the county…
2Cited by4 opinions
- Stagg v. StaggMontana Supreme Court · 1931
- Enterprise Min. Co. v. Rico-Aspen Consolidated Min. Co.Court of Appeals for the Eighth Circuit · 1895
- Hope Mining Co. v. BrownMontana Supreme Court · 1891
- Ellet v. CampbellSupreme Court of Colorado · 1893