Legal Opinion

Flick v. Gold Hill & Lee Mountain Mining Co.

Montana Supreme Court

Decided January 15, 1889PublishedCited by 7 opinions

Appeal from, the First Judicial District, Lewis and Clarke County. STATEMENT. The plaintiffs recorded declaratory statement of the location of the Justice Lode referred to another mining claim, called the Isabell, as the natural object or permanent monument with reference to which it had been located. The other facts appear in the opinion. The plaintiffs in the case were Joseph Flick, George Travis, George B. Foote, and Harry B. Comly.

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Appeal from, the First Judicial District, Lewis and Clarke County. STATEMENT. The plaintiffs recorded declaratory statement of the location of the Justice Lode referred to another mining claim, called the Isabell, as the natural object or permanent monument with reference to which it had been located. The other facts appear in the opinion. The plaintiffs in the case were Joseph Flick, George Travis, George B. Foote, and Harry B. Comly. The defendants were the Gold Hill and Lee Mountain Mining Company, a corporation, and Thomas C. Power, its president. It will be observed that the jury by the…

1Opinion of the CourtDe Wolfe, J.

Action brought to determine the right to the possession of a quartz lode mining claim, in pursuance of section 2326 of the Revised Statutes of the United States. The respondents claim under a location called the Justice Lode, made on the 2d of January, 1884, by George Travis and Joseph Flick, by their agent, Joseph Lutterell, a notice of which location was filed for record in the recorder’s office of Lewis and Clarke County, where said lode was situated, on the 8th of January following. The appellants claim under a location made on the 16th of October, 1885, by Elmer E. Brayman, of the…

2Cases cited3 opinions

  1. Brown v. McAllisterCalifornia Supreme Court · 1870
  2. Mesick v. SunderlandCalifornia Supreme Court · 1856
  3. Moxon v. WilkinsonMontana Supreme Court · 1876

3Cited by7 opinions

  1. State v. YegenMontana Supreme Court · 1925
  2. State v. RayMontana Supreme Court · 1930
  3. Thomas v. South Butte Mining Co.Court of Appeals for the Ninth Circuit · 1914
  4. Heilbronner v. LloydMontana Supreme Court · 1895
  5. Manhattan Malting Co. v. SwetelandMontana Supreme Court · 1894

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