Freezer v. Sweeney
Montana Supreme Court
Appeal from the First Judicial District, Lewis and Clarke County. The opinion states the case. The defendant’s notice of location read “placer mining or stone quarry claim,” and the trial court erred in holding that such a notice was for a placer mining claim and admitting it in evidence. The words “placer mining claim,” or the words “placer claim,” has a well-defined meaning, and is construed to mean “ deposits of the precious metals, not in place.”
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Appeal from the First Judicial District, Lewis and Clarke County. The opinion states the case. The defendant’s notice of location read “placer mining or stone quarry claim,” and the trial court erred in holding that such a notice was for a placer mining claim and admitting it in evidence. The words “placer mining claim,” or the words “placer claim,” has a well-defined meaning, and is construed to mean “ deposits of the precious metals, not in place.” This term has never been applied to other than gold deposits. (See American Mining Law, pp. 42 — 44 inclusive, and authorities there cited;…
1Opinion of the CourtDe Wolfe, J.
This was an action to determine the right of possession of a mining claim, brought in pursu*511anee of section 2326 of the Bevised Statutes of the United States.-
The plaintiffs claim the right of possession to the premises by a 1 ocation thereof as a placer claim, on the 14th of May, 1887; the defendant claims possession by a location thereof, made by herself and Thomas Purcell, on the 23d of March, 1886, and a subsequent conveyance by Purcell and his wife to defendant of their interest in said mine
In the location made by Purcell and defendant, the claim is described as a “placer mining or stone…
2Cited by7 opinions
- Pilgeram v. HassMontana Supreme Court · 1946
- American Nat. Bank of Wichita Falls v. HaggertonCourt of Appeals of Texas · 1922
- Auld v. CathroNorth Dakota Supreme Court · 1910
- United States v. SchaubDistrict Court, D. Alaska · 1958
- Wheeler v. SmithWashington Supreme Court · 1893
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