Anaconda Copper Min. Co. v. Pilot Butte Min. Co.
Montana Supreme Court
Appeal from, District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Anaconda Copper Mining Company against the Pilot-Butte Mining Company. From an order granting an injunction pendiente lite, defendant appeals. A consolidated ownership does not change rights.
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Appeal from, District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by the Anaconda Copper Mining Company against the Pilot-Butte Mining Company. From an order granting an injunction pendiente lite, defendant appeals. A consolidated ownership does not change rights. The Badger State owns the vein to the point of its crossing into that claim, to-wit, 100 feet southeasterly from the southwest corner of the Emily and 571 feet southeasterly from the northwest corner of the Badger State. Where its right ends the Emily right begins. Going from the west end-line of the Emily, to the…
1Opinion of the CourtJustice Holloway
This appeal presents for review an order of the district court granting an injunction pendente lite. The plaintiff is the owner of the Badger State and Emily claims, and the defendant owns the Pilot claim to the north. The situation of these claims and the question propounded for solution are best illustrated by the subjoined diagrams, which are sufficiently accurate for all purposes of this appeal.
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As between the Badger State and tbe Emily, the former is the senior location. Each of these claims was originally located so that it is entitled, prima facie, to extralateral rights. There is some…
2Cases cited17 opinions
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- Lawson v. United States Mining Co.Supreme Court of the United States · 1907
- Fitzgerald v. ClarkMontana Supreme Court · 1895
- State ex rel. Anaconda Copper Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tom Reed Gold Mines Co. v. United Eastern Mining Co.Arizona Supreme Court · 1922
- In Re Ryan's EstateMontana Supreme Court · 1943
- Barker v. CondonMontana Supreme Court · 1917
- Midwest-Butte Development Co. v. Butte West Side Mines Co.Court of Appeals for the Ninth Circuit · 1929
- Ames v. Empire Star Mines Co., Ltd.California Supreme Court · 1941
2 more not listed; retrieve them via the Exa API.