McDonald v. Montana Wood Co.
Montana Supreme Court
Appeal from, Fifth Judicial District, Jefferson County. Action for trespass. The cause was tried before Galbraith, J. Plaintiff had judgment below. I. In the ease at bar eight individuals, not united in interest, attempted to locate eight placer claims, while they had made discovery of gold upon but one of such claims, or, in other words, gold was found in but one place on the entire tract.
Read the full summary
Appeal from, Fifth Judicial District, Jefferson County. Action for trespass. The cause was tried before Galbraith, J. Plaintiff had judgment below. I. In the ease at bar eight individuals, not united in interest, attempted to locate eight placer claims, while they had made discovery of gold upon but one of such claims, or, in other words, gold was found in but one place on the entire tract. Seven of these claims are attempted to be held without any discovery having been made upon them, or either of them, and defendant is charged with having committed a trespass upon claims so situated. No…
1Opinion of the CourtPemberton, C. J.
On the twenty-third day of September, 1890, plaintiffs (being seven in number) and Thomas Joyes located the Landlock placer mining claim, a tract of ground in Jefferson county, which they estimated at the time contained 160 acres, but which afterwards, by a survey, was found to contain about 76 acres. Plaintiffs made but one discovery on the entire tract. They marked the boundaries by blazing a tree at each corner of the entire tract of ground, and designated each of said corners of (he claim by writing with a pencil, on the respective blazed trees, the name of the claim, and the *91corner each…
2Cases cited2 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Cohn v. NeevesWisconsin Supreme Court · 1876
3Cited by15 opinions
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1906
- Gardner v. LovegrenWashington Supreme Court · 1902
- Kinzua Lumber Co. v. DaggettOregon Supreme Court · 1955
- Tripp v. Silver Dyke Mining Co.Montana Supreme Court · 1924
- Menasha Woodenware Co. v. Spokane International Railway Co.Idaho Supreme Court · 1911
10 more not listed; retrieve them via the Exa API.