Maloney v. King
Montana Supreme Court
Appeal from District Court, Silver Boiv County; William Clancy, Judge. Action by-James H. Maloney and others against Silas F. King and others. From a judgment in favor of plaintiffs, and from an order denying a motion for a new trial, defendants appeal. Statement or the Case. The Plymouth lode mining claim is owned by plaintiffs. When the action was commenced the Silver King lode mining claim was owned by defendants King, Murray and Daly.
Read the full summary
Appeal from District Court, Silver Boiv County; William Clancy, Judge. Action by-James H. Maloney and others against Silas F. King and others. From a judgment in favor of plaintiffs, and from an order denying a motion for a new trial, defendants appeal. Statement or the Case. The Plymouth lode mining claim is owned by plaintiffs. When the action was commenced the Silver King lode mining claim was owned by defendants King, Murray and Daly. Daly having died, the defendant Margaret Daly, as administratrix of his estate, was substituted for him. Defendants Sutton and Talbot were operating the…
1Opinion of the Court
MR. COMMISSIONER CALLAWAY
prepared the statement of the case, and also the following opinion for the court:
1. Being the owners of the surface ground described in their complaint, the respondents werq prima, facie entitled to everything beneath the surface of their claim, and under such prima facie title could prevent the intrusion of any one not showing a paramount right to enter within the vertical planes of their boundaries. (Maloney v. King, 25 Mont. 188, 64 Pac. 351; 27 Mont. 428, 71 Pac. 469; Parrot Silver & Copper Company v. Heinze, 25 Mont. 139, 64 Pac. 326, 53 L. R. A. 491, 87 Am. St.…
Also in this document: Per curiam.
2Cases cited19 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Boston & Montana Consolidated Copper & Silver Mining Co. v. Montana Ore Purchasing Co.Supreme Court of the United States · 1903
- Little Pittsburg Con. Min. Co. v. Little Chief Con. Min. Co.Supreme Court of Colorado · 1888
- McLeod v. LeeNevada Supreme Court · 1882
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Scheuer v. StateMontana Supreme Court · 1904
- In Re Silver's EstateMontana Supreme Court · 1934
- Stephens v. ElliottMontana Supreme Court · 1907
- State v. ArnoldMontana Supreme Court · 1929
4 more not listed; retrieve them via the Exa API.