Northern Pacific Ry. Co. v. Mjelde
Montana Supreme Court
Appeal from, District Court, Park County; Albert P. Stark, Judge. Action by the Northern Pacific Railway Company against Fred J. Mjelde, Treasurer of Park County. From a judgment for defendant, plaintiff appeals. . The question for decision is whether the coal, which is the property of the plaintiff by virtue of the exception or reservation contained in the deed, is subject to taxation.
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Appeal from, District Court, Park County; Albert P. Stark, Judge. Action by the Northern Pacific Railway Company against Fred J. Mjelde, Treasurer of Park County. From a judgment for defendant, plaintiff appeals. . The question for decision is whether the coal, which is the property of the plaintiff by virtue of the exception or reservation contained in the deed, is subject to taxation. We maintain that this question should be answered in the negative, by reason of the provisions of section 3 of Article XII of the Constitution of Montana. In the lower court it was contended in support of the…
1Opinion of the CourtJustice Holloway
Under the grant of July 2, 1864, section 23, township 3 south, range 8 east, and section 31, township 4 north, range 10 east, in Park county, were transferred by the government to the Northern Pacific' Railroad Company. The Northern Pacific Railway Company succeeded to the ownership of these lands, and some time prior to the first Monday of March of this year it conveyed section 23 to Bernhard Blome, and section 31 to another purchaser. Each deed contained this provision: “Excepting and *294[1] reserving unto the grantors its successors and assigns, forever, all mineral of any nature whatsoever…
2Cases cited12 opinions
- Forbes v. GraceySupreme Court of the United States · 1877
- Colorado Coal & Iron Co. v. United StatesSupreme Court of the United States · 1887
- Davis's Administrator v. WeibboldSupreme Court of the United States · 1891
- Benavides v. HuntTexas Supreme Court · 1891
- Smith v. Mayor of New YorkNew York Court of Appeals · 1877
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3Cited by40 opinions
- State ex rel. Hillis v. SullivanMontana Supreme Court · 1913
- Cruse v. FischlMontana Supreme Court · 1918
- Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
- Rist v. Toole CountyMontana Supreme Court · 1945
- In re PomeroyMontana Supreme Court · 1915
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