Murray v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County. The patent to the Smokehouse lead or lode claim reserves or excepts from its grant the streets and alleys of the city of Butte, The patent to the mine of plaintiff is no evidence.of title as against the claim of this defendant. The city could not have filed an adverse claim in the land-office, for it has no such title or claim as would be recognized there. See Rev. Stats.
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Appeal from District Court, Silver Bow County. The patent to the Smokehouse lead or lode claim reserves or excepts from its grant the streets and alleys of the city of Butte, The patent to the mine of plaintiff is no evidence.of title as against the claim of this defendant. The city could not have filed an adverse claim in the land-office, for it has no such title or claim as would be recognized there. See Rev. Stats. U. S., sec. 2326. Although the patent may carry the title to the town lots, the reservation of the streets and alleys, as public bigh- ' ways, could be inserted in accordance…
1Opinion of the CourtBach, J.
This is an action of ejectment, brought by the plaintiff to recover the possession of certain real estate situated in Silver Bow County. The property sought to be recovered is comprised in the streets of the city of Butte. The defense interposed was that the defendant claimed, and claimed only, an easement,— a right of way over the property described in the complaint. Judgment was granted in favor of plaintiff. Upon the trial the plaintiff introduced in evidence a United States patent for mineral land, which includes the premises in question, also the application for patent, including the…
2Cases cited5 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Deffeback v. HawkeSupreme Court of the United States · 1885
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- Lovelace v. HightowerNew Mexico Supreme Court · 1946
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