Gonu v. Russell
Montana Supreme Court
Appeal from Third District, Lewis and Ola/rhe County. The action wag tried before Wade, C. J. Respondent was required to perform work or make improvements on the Bussell lode, annually. Upon bis failure so to do, the lode was open to relocation in the same manner as if no location had ever been made, provided work was not resumed after failure and before a relocation. U. S. Bev.
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Appeal from Third District, Lewis and Ola/rhe County. The action wag tried before Wade, C. J. Respondent was required to perform work or make improvements on the Bussell lode, annually. Upon bis failure so to do, the lode was open to relocation in the same manner as if no location had ever been made, provided work was not resumed after failure and before a relocation. U. S. Bev. Sts., § 2324. No work was dono by respondent after December, 1875, until after the location by appellant July 3, 1877. The lode was subject to-relocation-, when appellant posted his notice ot relocation and took…
1Opinion of the CourtBlaKE, J.
The complaint alleges that the appellant was the owner and possessor of the Empire Quartz lode, September 17, 1877, and that the respondent entered thereon September 17, 1877, and withholds the possession from the appellant. The prayer is for the recovery of the possession and damages for the unlawful detention. The answer denies the allegation of ownership and possession and contains a cross-complaint, which avers that the respondent before the location of the Empire lode was the owner and possessor of the J. H. Russell lode; that he recommenced work upon this property July 17, 1877; and…
2Cases cited6 opinions
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co.Nevada Supreme Court · 1877
- United States v. Andres CastilleroSupreme Court of the United States · 1863
- Hess v. WinderCalifornia Supreme Court · 1866
- Holland v. Mount Auburn Gold Quartz Mining Co.California Supreme Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnson v. RyanNew Mexico Supreme Court · 1939
- Worthen v. SidwaySupreme Court of Arkansas · 1904
- Hickey v. Anaconda Copper Mining Co.Montana Supreme Court · 1905
- Thornton v. KaufmanMontana Supreme Court · 1910
- Honaker v. MartinMontana Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.