Flavin v. Mattingly
Montana Supreme Court
Appeal from the District Court, Silver Bow County. STATEMENT. An action brought in the District Court under section 2326, United States Bevised Statutes, to decide a controversy arising in the United States land office, upon application by the defendants for patents to two mining claims with which a location of another mining claim owned by the plaintiffs was in conflict. From a judgment in favor of the plaintiffs the defendants appealed.
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Appeal from the District Court, Silver Bow County. STATEMENT. An action brought in the District Court under section 2326, United States Bevised Statutes, to decide a controversy arising in the United States land office, upon application by the defendants for patents to two mining claims with which a location of another mining claim owned by the plaintiffs was in conflict. From a judgment in favor of the plaintiffs the defendants appealed. The exceptions of appellants relate to the same point, to wit, that the record of respondents’ mining claim does not contain any such description of the…
1Opinion of the CourtLiddell, J.
The plaintiffs aver ownership and possession since the eight day of April, 1881, of a certain quartz lode mining claim, situated in Silver Bow County, and known as the “Special Delight”; while the defendants allege ownership1 and possession of two quartz lode mining claims, known as the “ St. Louis” and the “ Great Republic,” situated in the same county and mining district. The claims of the litigants conflict with each other; and upon the application of the defendants to the land office for patents, the plaintiffs filed their adverse claim, and instituted the present suit, under section…
2Cases cited3 opinions
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- Upton v. LarkinMontana Supreme Court · 1888
- Russell v. ChumaseroMontana Supreme Court · 1882
3Cited by14 opinions
- Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
- Metcalf v. PrescottMontana Supreme Court · 1891
- Morrison v. ReganIdaho Supreme Court · 1902
- Purdum v. LaddinMontana Supreme Court · 1899
- Vogel v. WarsingCourt of Appeals for the Ninth Circuit · 1906
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