Hoffman v. Beecher
Montana Supreme Court
Appeal from Seventh Judicial District, Yellowstone County. Action upon an adverse claim to determine right to possession of mining premises. Nonsuit granted, and judgment entered for defendant by Milburn, J. After the evidence of the plaintiffs had been introduced and their case closed, the court of its own motion found for the defendant for the reasons: First. That the court did not have jurisdiction. Second.
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Appeal from Seventh Judicial District, Yellowstone County. Action upon an adverse claim to determine right to possession of mining premises. Nonsuit granted, and judgment entered for defendant by Milburn, J. After the evidence of the plaintiffs had been introduced and their case closed, the court of its own motion found for the defendant for the reasons: First. That the court did not have jurisdiction. Second. That the plaintiffs had not made out a prima facie case, one of the defects being the variance in the description of the property in the adverse claim and the description in the amended…
1Opinion of the CourtBlake, C. J.
This action was commenced by adverse claimants to determine the right of possession of a lode mining claim. The amended complaint alleges, among other things,, that the plaintiffs, on the sixteenth day of February, 1887, and for a long time prior thereto, were the owners and in the possession of the Lake Superior Lode Mining Claim; that the same was discovered June 23, 1882, by the grantor and predecessor in interest of the plaintiffs; that the statement and notice of the discovery and location thereof were recorded; that the defendant filed in the month of February, 1887, in the United…
2Cases cited11 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Castro v. BarryCalifornia Supreme Court · 1889
- Richmond Mining Co. v. RoseSupreme Court of the United States · 1885
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- Rose v. Richmond Mining Co.Nevada Supreme Court · 1882
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3Cited by5 opinions
- Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
- Larsen v. RichardsonMontana Supreme Court · 2011
- Lewiston Lime Co. v. BarneyIdaho Supreme Court · 1964
- Murray v. PolglaseMontana Supreme Court · 1899
- Bramlett v. FlickMontana Supreme Court · 1899