Belk v. Meagher
Montana Supreme Court
Appeal j-rom, Second District, Deer Lodge County. Tbe court below erred in admitting copy of records of Summit Yalley Mining District. There is no law authorizing copies of such district records to be received as evidence. There was no evidence of tbe copy being correct, either by the party who copied it or by any one who compared it afterward.
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Appeal j-rom, Second District, Deer Lodge County. Tbe court below erred in admitting copy of records of Summit Yalley Mining District. There is no law authorizing copies of such district records to be received as evidence. There was no evidence of tbe copy being correct, either by the party who copied it or by any one who compared it afterward. The deeds showing outstanding title in Murphy should not have been admitted in evidence; they were not witnessed or properly acknowledged. Codified Statutes, 396, §§ 1, 3, 23 ; 4 Am. Hep. 430 ; 6 Wheat. 577 ; 2 Mont. 59 ; 3 N. II. 234 ; 5 Ohio, 190 ;…
1Opinion of the Court
Wade, C. J".
In this action the plaintiff avers that he is the owner of and entitled to the possession of a certain quartz lode claim known as the Anna Maria lode claim, situate in the Summit Yalley mining district, Deer Lodge county, which claim of ownership is disputed by defendants, who, as the plaintiff alleges, are now wrongfully in the possession, claiming title, and in order to a proper solution of the questions of law arising in the case, a statement of facts becomes necessary.
It appears from the evidence that on the 19th day of December, 1876, the plaintiff located the ground in…
2Cases cited3 opinions
- Lippincott v. MitchellSupreme Court of the United States · 1877
- Robertson v. SmithMontana Supreme Court · 1871
- Taylor v. HolterMontana Supreme Court · 1872
3Cited by15 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Ferris v. McNallyMontana Supreme Court · 1912
- Hauswirth v. ButcherMontana Supreme Court · 1882
- Tibbitts v. Ah TongMontana Supreme Court · 1883
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