Nelson v. Big Blackfoot Milling Co.
Montana Supreme Court
Appeal from Fourth Judicial District, Missoula Gounty. Action to recover value of timber cut by defendant on plaintiff’s homestead. The cause was tried before Woody, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion.
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Appeal from Fourth Judicial District, Missoula Gounty. Action to recover value of timber cut by defendant on plaintiff’s homestead. The cause was tried before Woody, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. The plaintiff brought this action against the defendant, charging that defendant went upon plaintiff’s land and cut a large quantity of timber therefrom, tore down plaintiff’s fences, and? left large quantities of tops of fallen timber upon the land, to his damage in the sum of §2,000. The defendant denied the damages, and also justified…
1Opinion of the CourtDe Witt, J.
We are of opinion that, when the plaintiff perfected his homestead filing in the proper land office, his homestead claim attached to the land, and took it out of the public domain. This filing remained uncanceled when the defendant obtained its permit from the secretary of the interior to cut timber upon the public lands of the United States. This permit did not attach to this land, because the same was then not part of the public land of the United States. (Whitney v. *555Taylor, 158 U. S. 85, 15 Sup. Ct. 796, and cases reviewed in that decision.) This disposes of the first contention which…
2Cases cited5 opinions
- Whitney v. TaylorSupreme Court of the United States · 1895
- Blankman v. VallejoCalifornia Supreme Court · 1860
- Newell v. WhitwellMontana Supreme Court · 1895
- Lebcher v. Board of CommissionersMontana Supreme Court · 1890
- Kircher v. ConradMontana Supreme Court · 1890
3Cited by6 opinions
- Grant v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1927
- First State Bank v. LarsenMontana Supreme Court · 1922
- Grant v. Chicago Etc. Ry. Co.Montana Supreme Court · 1927
- Sylvester v. Anaconda Copper Mining Co.Montana Supreme Court · 1925
- Taylor v. Sommers Bros. MatchIdaho Supreme Court · 1922
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