Moxon v. Wilkinson
Montana Supreme Court
Appeal from Thi/rd District, Jefferson County. The judgment of nonsuit was entered by Wade, J. Tbe same rule of action is to be followed in acquiring rights to placer mining ground and lode claims. Tbe court erred in excluding tbe oral testimony offered by tbe appellants to show tbeir prior rights to tbe ground in controversy. The general sections of tbe laws of tbe United States, regulating these rights, are as applicable to placer mines as lead claims.
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Appeal from Thi/rd District, Jefferson County. The judgment of nonsuit was entered by Wade, J. Tbe same rule of action is to be followed in acquiring rights to placer mining ground and lode claims. Tbe court erred in excluding tbe oral testimony offered by tbe appellants to show tbeir prior rights to tbe ground in controversy. The general sections of tbe laws of tbe United States, regulating these rights, are as applicable to placer mines as lead claims. Tbe appellants’ notice and record, filed with tbe county recorder of Jefferson county, where tbe mining ground is situate, should have been…
1Opinion of the CourtBlake, J.
This action is brought to determine tbe right of possession to a tract of placer mining ground in Jefferson county, upon tbe surveyed subdivisions of tbe public lands of tbe United States. It is admitted, by tbe pleadings, that tbe respondents made their application to enter tbe premises in tbe United States land office at Helena, within tbe Territory, and that tbe appellants filed their protest and adverse claim. At the trial, tbe court excluded certain evidence offered by tbe appellants, and sustained tbe motion of tbe respondents for a nonsuit. We are asked to review this ruling.
Tbe…
2Cases cited1 opinion
- Mesick v. SunderlandCalifornia Supreme Court · 1856
3Cited by9 opinions
- Middle Creek Ditch Co. v. HenryMontana Supreme Court · 1895
- Upton v. LarkinMontana Supreme Court · 1888
- Hinz v. Musselshell CountyMontana Supreme Court · 1928
- Noyes v. CliffordMontana Supreme Court · 1908
- Flick v. Gold Hill & Lee Mountain Mining Co.Montana Supreme Court · 1889
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