Brundy v. Mayfield
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Action to have the defendants declared to be trustees of the plaintiff’s undivided one-third interest in a mining claim.
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Appeal from Second Judicial District, Silver Bow County. Action to have the defendants declared to be trustees of the plaintiff’s undivided one-third interest in a mining claim. Judgment was rendered for plaintiff by McHatton, J. Statement of the case by the justice delivering the opinion: The plaintiff brought this action for the purpose of having defendants Mayfield and Upton declared to be trustees of the plaintiff’s undivided one-third interest in the Sioux Chief mining claim, and for a judgment that said Mayfield and Upton execute to plaintiff a conveyance of said undivided one-third…
1Opinion of the CourtDe Witt, J.
— The claim by defendants of a forfeiture to them of plaintiff’s one-third interest is based upon their contention that in the years 1877, 1878, 1879, 1880, and 1881, they did the full amount of the annual labor and expenditure for each of said years, and that plaintiff failed to contribute *206bis proportion of the expenditures required by section 2324 of the Revised Statutes of the United States, for said years, and that defendants “advertised him out,” as it is commonly called; that is, gave to him the notice provided for in said section of the Revised Statutes of the United States.
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2Cases cited4 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Turner v. SawyerSupreme Court of the United States · 1893
- Bissell v. FossSupreme Court of the United States · 1885
- Garland v. WynnSupreme Court of the United States · 1857
3Cited by8 opinions
- Stevens v. Grand Central Min. Co.Court of Appeals for the Eighth Circuit · 1904
- Arthur v. CoyneSupreme Court of Oklahoma · 1912
- Delmoe v. LongMontana Supreme Court · 1907
- McCaskill v. Union Naval Stores Co.Supreme Court of Florida · 1910
- Van Wagenen v. CarpenterSupreme Court of Colorado · 1900
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