Hope Mining Co. v. Brown
Montana Supreme Court
Appeal from Third Judicial District, Deer Lodge County. Action to determine the right to the possession of mining premises. The cause was tried before Durpee, J. Defendant had judgment below.
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Appeal from Third Judicial District, Deer Lodge County. Action to determine the right to the possession of mining premises. The cause was tried before Durpee, J. Defendant had judgment below. The opinion of the court below as to the law in this case is embodied in the instruction asked by the defendant, and which reads as follows: “The jury are instructed that, by reason of the construction placed upon the United States statutes governing tunnel rights by the Supreme Court of Montana, in a prior case between the same parties, and by this court in the present case, the plaintiff has no…
1Opinion of the CourtHarwood, J.
The piece of land involved in controversy in in this action is claimed by appellant by virtue of a tunnel claim located and recorded about June 13, 1887, pursuant to the laws of the United States and of Montana, and called the “Jubilee Tunnel Claim”; and the same ground is claimed by respondent as part of a quartz lode mining claim location made December 31, 1887, and duly recorded as the “Prince Imperial Mining Claim.” Bespondent having commenced proceedings in the United States land office to obtain patent for said Prince Imperial Quartz Lode Mining Claim, including *375the ground in dispute,…
2Cases cited1 opinion
- Hope Mining Co. v. BrownMontana Supreme Court · 1888
3Cited by5 opinions
- Creek v. Bozeman Water Works Co.Montana Supreme Court · 1894
- Rodgers v. PittU.S. Circuit Court for the District of Nevada · 1904
- Enterprise Min. Co. v. Rico-Aspen Consolidated Min. Co.Court of Appeals for the Eighth Circuit · 1895
- Ellet v. CampbellSupreme Court of Colorado · 1893
- Rico-Aspen Consolidated Min. Co. v. Enterprise Min. Co.U.S. Circuit Court for the District of Colorado · 1892