Shreve v. Copper Bell Mining Co.
Montana Supreme Court
Appeal from Fifth Judicial District, Jefferson Cownty. Action to determine the right to the possession of mining premises. The cause was tried before Galbraith, J. Defendant had judgment below.
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Appeal from Fifth Judicial District, Jefferson Cownty. Action to determine the right to the possession of mining premises. The cause was tried before Galbraith, J. Defendant had judgment below. I. The court found that the grantors of the plaintiffs did' everything necessary to make a valid location of the Lightning-Lode, except that they failed to make a valid discovery of a mineral-bearing vein or lode before making their location; and upon this point the court found as follows: “ That prior to the time of location, by posting the notice and marking the boundaries of the said Lightning…
1Opinion of the CourtBlake, C.J.
It appears from the findings of facts, whicJb. are admitted by the parties, that the Edna Lode Mining Claim was discovered June 4, 1887, and that the boundaries were marked by posts at each corner and the center of each end line. The notice of location was filed June 15, 1887, in the office of the recorder of Jefferson County. The owners of the Edna Lode Mining Claim, including Frank Nelson and Charles Koegel, two of the appellants herein, moved, May 13, 1889, M the two stakes at the west end between five and six hundred *322feet further south, but did not change the stakes at the east end; and…
2Cases cited17 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Moore v. CrawfordSupreme Court of the United States · 1889
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- Clark v. BakerCalifornia Supreme Court · 1860
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