Barker v. Condon
Montana Supreme Court
Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Leonie E. Barker and another against Daniel Condon and others. From a judgment in favor of plaintiffs and an order denying defendants a new' trial, the latter appeal. Statement of the Case bv the Judge Delivering the Opinion. This action was brought to recover the value of ore taken by defendants from a vein alleged to apex in the Ripple lode mining claim, owned by plaintiffs.
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Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Leonie E. Barker and another against Daniel Condon and others. From a judgment in favor of plaintiffs and an order denying defendants a new' trial, the latter appeal. Statement of the Case bv the Judge Delivering the Opinion. This action was brought to recover the value of ore taken by defendants from a vein alleged to apex in the Ripple lode mining claim, owned by plaintiffs. Plaintiffs demanded judgment for a perpetual injunction and for the value of the ore extracted. Defendants in their answer denied that they had…
1Opinion of the Court
HONORABLE R. LEE WORD,
a Judge of the First Judicial District, sitting in place of the Chief Justice, delivered the opinion of the court.
All the questions raised by the assignments of error are resolved in favor of the respondents, except one, and that is: Is there any evidence in the record showing or tending to show that the vein from which the ore was taken has its apex within the Ripple lode? In view of the admitted fact that the ore extracted came from beneath the surface of the Tom Hendricks and Sixteen to One claims, respondents concede that the burden is upon them to establish their…
2Cases cited8 opinions
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Brewster v. ShoemakerSupreme Court of Colorado · 1900
- Butte & Boston Mining Co. v. Societe Anonyme des Mines de LexingtonMontana Supreme Court · 1899
- Maloney v. KingMontana Supreme Court · 1901
- Maloney v. KingMontana Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Silver Surprize, Inc. v. Sunshine Mining Co.Court of Appeals of Washington · 1976
- Brugger v. Lee YimCalifornia Court of Appeal · 1936
- Silver Surprize, Inc. v. Sunshine Mining Co.Court of Appeals of Washington · 1976