Harrigan v. Lynch
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County. Henry AT. Blake, Judge. Action by Patrick J. Harrigan and another against Michael Lynch. From a judgment in favor of plaintiffs, and from an order denying a new trial, defendant appeals. As the common law prevails here (except as modified by statute — Section 5152 of the Political Code) the following common law principles are important, (a) Co-tenants hold by unity of possession.
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Appeal from District Court, Lewis and Clarke County. Henry AT. Blake, Judge. Action by Patrick J. Harrigan and another against Michael Lynch. From a judgment in favor of plaintiffs, and from an order denying a new trial, defendant appeals. As the common law prevails here (except as modified by statute — Section 5152 of the Political Code) the following common law principles are important, (a) Co-tenants hold by unity of possession. Therefore when the property is vacant any co-tenant may enter and occupy the whole, and if the property be not capable of a double occupancy, the other tenants…
1Opinion of the CourtPigott, J.
— By this appeal the court has again before it for interpretation the provisions of Section 592 of the Code of Civil Procedure. The parties are tenants in common of the M. L. lode claim, situated in Lewis and Clarke county. Plaintiffs own an undivided one-fourth, and the defendant an undivided one-third interest in the claim.
The complaint alleges that the defendant, without the consent of the plaintiffs, had extracted gold ore from the claim, which he appropriated to his own use, and was continuing and threatening to continue to extract such ore and dispose of the same, and to convert it to…
2Cases cited14 opinions
- Godchaux v. MulfordCalifornia Supreme Court · 1864
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
- Hobbs v. DuffCalifornia Supreme Court · 1872
- Christy v. Spring Valley Water WorksCalifornia Supreme Court · 1885
- Connole v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
- King v. Pony Gold Mining Co.Montana Supreme Court · 1903
- Ayotte v. NadeauMontana Supreme Court · 1905
- Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co.Montana Supreme Court · 1900
- Butte & Boston Consol. Mining Co. v. Montana Ore Purchasing Co.Montana Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.