McDermott Mining Co. v. McDermott
Montana Supreme Court
Appeal from District Court, Granite County; F. H. Woody, Judge. ActioN by tbe McDermott Mining Company against Peter S. McDermott, as administrator of tbe estate of Michael McDer-mott, deceased,- and others. Prom a judgment for defendants, and from an order denying a new trial, plaintiff appeals. Tbe question on tbe construction of Section 267 is not new in this state.
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Appeal from District Court, Granite County; F. H. Woody, Judge. ActioN by tbe McDermott Mining Company against Peter S. McDermott, as administrator of tbe estate of Michael McDer-mott, deceased,- and others. Prom a judgment for defendants, and from an order denying a new trial, plaintiff appeals. Tbe question on tbe construction of Section 267 is not new in this state. Tbe question was discussed in Meyendorf v. Froh-ner, 3 Mont. 282. "We also call tbe court’s attention to tbe case of Shreve v. Copper Bell Mining Company, 11 Mont. 300. Chief Justice Blake, after hearing this argument, cited to…
1Opinion of the Court
MR. JUSTICE, PICOTT
delivered'the opinion of the court.
This action was brought to quiet title in the plaintiff to the Northwest lode mining claim, and to obtain a decree requiring the defendants to convey the property to the plaintiff. Erom an order refusing the plaintiff a new trial, and from the judgment, these appeals are prosecuted.
The following facts are conceded: Michael McDermott, whose administrator is one of the defendants, owned the Northwest lode claim (not patented) in 1889, and in that year he and others organized the plaintiff corporation, which, on August 14, 1889, purchased the…
2Cited by6 opinions
- Grasswick v. MillerMontana Supreme Court · 1928
- Midland Realty Co. v. HalversonMontana Supreme Court · 1935
- Beck v. FelenzerMontana Supreme Court · 1924
- Greer v. StannardMontana Supreme Court · 1929
- Rowell v. RowellMontana Supreme Court · 1946
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