Mason v. Washington-Butte Mining Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana; Frank S. Dietrich, Judge. Suit by the Washington-Butte Mining Company against Louis Mason and others. Decree for complainant, and defendants appeal. The appellants herein were the defendants in the court below in a suit brought by the appellee to quiet its title to a portion of what is known as tne Butte & Boston placer mining claim.
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Appeal from the District Court of the United States for the District of Montana; Frank S. Dietrich, Judge. Suit by the Washington-Butte Mining Company against Louis Mason and others. Decree for complainant, and defendants appeal. The appellants herein were the defendants in the court below in a suit brought by the appellee to quiet its title to a portion of what is known as tne Butte & Boston placer mining claim. In its bill the appellee alleged that the appellants’ claim of estate or interest in said land was without right and invalid. The appellants answered, ■ alleging that, prior to the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as • above). [ 1 ] The patent to the placer claim conveyed to the appellee’s grantors all mineral within the claim, including veins or lodes not known t'o exist at the time of the application therefor (Sullivan v. Iron Silver Min. Co., 143 U. S. 431, 12 Sup. Ct. 555, 36 L. Ed. 214), and, by introducing the patent in evidence, the appellee established, prima facie, title to all the land described therein and all ores and minerals lying within the boundaries thereof (Iron Silver Min. Co. v. Mike & Starr Gold & Silver Min. Co., 143 U. S. 394-401, 12 Sup. Ct. 543, 36 L.…
2Cases cited14 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Chrisman v. MillerSupreme Court of the United States · 1905
- United States v. Iron Silver Mining Co.Supreme Court of the United States · 1888
- Perego v. DodgeSupreme Court of the United States · 1896
- Creede & Cripple Creek Mining & Milling Co. v. Uinta Tunnel Mining & Transportation Co.Supreme Court of the United States · 1905
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3Cited by6 opinions
- Lewiston Lime Co. v. BarneyIdaho Supreme Court · 1964
- United States v. MobleyDistrict Court, S.D. California · 1942
- Clark Montana Realty Co. v. FergusonDistrict Court, D. Montana · 1914
- Crofoot v. HillNevada Supreme Court · 1958
- Robinson v. CommissionerUnited States Board of Tax Appeals · 1927
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