Legal Opinion

Berg v. Koegel

Montana Supreme Court

Decided June 3, 1895PublishedCited by 3 opinions

Appeal from Fifth Judicial District, Jefferson County. Action to quiet title to a mining claim. Defendants motion for a nonsuit was granted by Showers, J.

1Opinion of the CourtDeWitt, J.

This is an action brought by plaintiffs to quiet their title in and to certain mining premises against the-claims of defendants to the same premises. The plaintiffs werenonsuited, and judgment entered for defendants, from which judgment this appeal is taken.

One of the grounds for the nonsuit was the defect in the location notice of the plaintiffs. The location notice was dated January 1, 1891. It was verified, as appears by the affidavit, January 1, 1890. It was recorded January 2, 1891. The testimony shows that the discovery and location was made January 1, 1891. Therefore it appears by the…

2Cited by3 opinions

  1. Perham v. Portland Electric Co.Oregon Supreme Court · 1898
  2. Mares v. DillonMontana Supreme Court · 1904
  3. Van Buren v. McKinletIdaho Supreme Court · 1901

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