Upton v. Larkin
Montana Supreme Court
Appeal from District Court, Silver Bow County. If the discovery was on the Shannon patented ground, or off of it as patented, but .on it at the date of the location of the Shannon, the location was void; and if owners of the Shannon were allowed to patent the surface so as to include the discovery of the Comanche, then the location and ownership of the same by plaintiffs was lost, and they could not recover in this action.
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Appeal from District Court, Silver Bow County. If the discovery was on the Shannon patented ground, or off of it as patented, but .on it at the date of the location of the Shannon, the location was void; and if owners of the Shannon were allowed to patent the surface so as to include the discovery of the Comanche, then the location and ownership of the same by plaintiffs was lost, and they could not recover in this action. See Upton v. Larkin, 5 Mont. 600; Gwillan v. Donnellan, 115 U. S. 45; Belk v. Meagher, 104 U. S. 2-7-9 et seq. -As to the sufficiency of the declaratory statement or…
1Opinion of the CourtBach, J.
This suit was begun under the Revised Statutes of the United States, section 2326, to determine the right of adverse claimants to certain mining property situated in Silver Bow County, Montana. The defendants had filed an application for patent to mining ground, including the ground in controversy, as the owners of the Smelter lode claim; the plaintiffs “ad-versed ” the application, and thereafter commenced suit *452as required by the United States statute for adverse claimants, alleging title to the premises under a claim known as the Comanche lode claim. The defendants deny plaintiffs’ title,…
2Cases cited8 opinions
- Jennison v. KirkSupreme Court of the United States · 1879
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Mining Co. v. TarbetSupreme Court of the United States · 1879
- Argentine Mining Co. v. Terrible Mining Co.Supreme Court of the United States · 1887
- Russell v. ChumaseroMontana Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Ferris v. McNallyMontana Supreme Court · 1912
- Newell v. MeyendorffMontana Supreme Court · 1890
- Wetzstein v. LargeyMontana Supreme Court · 1902
- Metcalf v. PrescottMontana Supreme Court · 1891
18 more not listed; retrieve them via the Exa API.