Clark Montana Realty Co. v. Ferguson
District Court, D. Montana
In Equity. Suit by the Clark Montana Realty Company against W'. H. Ferguson and others. Decree for complainant.
1Opinion of the Court
BOURQUIN, District Judge.
This is a quartz placer controversy. Maintiff’s placer patent was applied for by its predecessors in interest on July 18, 1879, and upon part of the land conveyed by it defendants’ Zeta lode claim was located on January 1, 1901. Defendants have failed to establish that this lode was “known to exist” when the placer patent was applied for, and so plaintiff is awarded decree quieting its title.
Amongst several witnesses presented by defendants, only two, Baxter and Yountz, prior to or on July 18, 1879, had any acquaintance with visible conditions upon the premises…
2Cases cited7 opinions
- Chrisman v. MillerSupreme Court of the United States · 1905
- Iron Silver Mining Co. v. CampbellSupreme Court of the United States · 1890
- Iron Silver Mining Co. v. Mike & Starr Gold & Silver Mining Co.Supreme Court of the United States · 1892
- Migeon v. Montana Cent. Ry. Co.Court of Appeals for the Ninth Circuit · 1896
- Noyes v. CliffordMontana Supreme Court · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- United States v. Northern Pac. Ry. Co.District Court, D. Montana · 1924
- Clark-Montana Realty Co. v. Anaconda Copper Mining Co.District Court, D. Montana · 1927
- Crofoot v. HillNevada Supreme Court · 1958
- South Butte Mining Co. v. ThomasCourt of Appeals for the Ninth Circuit · 1919
- United States v. DoughertyDistrict Court, D. Montana · 1921
1 more not listed; retrieve them via the Exa API.