Catron v. South Butte Mining Co.
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. • Suit by the South Butte Mining Company against Lulu P. Largey Catron, as administratrix of the estate of Patrick A. Largey, deceased, and others. Prom a decree for complainant, defendants appeal. On February 23, 1902, patent was issued to Patrick A. Largey, Noah Armstrong, and the heirs of Robert P. Hopkins, for the .Otisco lode mining claim.
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Appeal from the Circuit Court of the United States for the District of Montana. • Suit by the South Butte Mining Company against Lulu P. Largey Catron, as administratrix of the estate of Patrick A. Largey, deceased, and others. Prom a decree for complainant, defendants appeal. On February 23, 1902, patent was issued to Patrick A. Largey, Noah Armstrong, and the heirs of Robert P. Hopkins, for the .Otisco lode mining claim. Thereafter, Armstrong conveyed his interest to Largey, and on July 19, 1896, Largey and his wife executed to Emery, Colbert, and Tong, a deed for their undivided two-thirds…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The assignments of error bring in question the correctness of the decree in giving the appellee the right of subjacent support for the surface of its land and 20 feet thereunder, and requiring the appellants so to conduct their mining operations as not to injure the same. The appellants, the Largey heirs, owning two-thirds of the lode claim, and the Hopkins heirs, owning the other one-third, deeded by separate conveyances, at different dates, their interests in the surface ground to the grantors of the appellee, reserving in each deed the minerals and the…
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- Coleman v. ChadwickSupreme Court of Pennsylvania · 1876
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