American Mining Co. v. Basin & Bay State Mining Co.
Montana Supreme Court
Appeal from District Court, Jefferson County; Lew. L. Calico way, Judge. Action by the American Mining Company, Limited, against the Basin and Bay State Mining Company and others. Judgment for defendants, and plaintiff appeals from it and an order denying it a new trial.
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Appeal from District Court, Jefferson County; Lew. L. Calico way, Judge. Action by the American Mining Company, Limited, against the Basin and Bay State Mining Company and others. Judgment for defendants, and plaintiff appeals from it and an order denying it a new trial. In view of the provisions of the Codes (Revised Codes, 5029, 6108 and 7873, subdivision 1), and of the uniform decisions of the courts, it cannot be contended that the court may not correct a mistake where the mistake has been mutual between all the parties. (See Quivey v. Baker, 37 Cal. 465.) "We need but refer to the…
1Opinion of the CourtJustice Smith
The plaintiff in this action seeks the reformation of two deeds, also an accounting for rents, and to have its title to the real estate in controversy quieted. The complaint alleges that on September 25, 1897, the plaintiff and the defendant Basin and Bay State Mining Company each owned an. undivided half interest in certain real estate in the town of Basin, in Jefferson county; that at the time the Basin and Bay State Mining Company acquired its interest the land was unimproved, and thereafter, but prior to September 25, 1897, plaintiff at its own expense erected valuable improvements…
2Cases cited9 opinions
- Badger v. BadgerSupreme Court of the United States · 1865
- Patterson v. HewittSupreme Court of the United States · 1904
- Shain v. SresovichCalifornia Supreme Court · 1894
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Grieve v. GrieveWyoming Supreme Court · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Parchen v. ChessmanMontana Supreme Court · 1914
- Wright v. BrooksMontana Supreme Court · 1913
- Crosby v. RobbinsMontana Supreme Court · 1919
- Gregory v. City of ForsythMontana Supreme Court · 1980
- Reed v. RichardsonMontana Supreme Court · 1933
9 more not listed; retrieve them via the Exa API.