Noyes v. Black
Montana Supreme Court
Appeal from Second District, Silver Bow County. This action is a bill to quiet title to the premises described in plaintiffs’ complaint, brought under section 354, Code of Civil Procedure. Appellants claim the premises as and for placer mining purposes, and respondents by virtue of a location of a quartz lode, located under the name of the Welcome Stranger lode, with three hundred feet of surface ground on each side of said lode.
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Appeal from Second District, Silver Bow County. This action is a bill to quiet title to the premises described in plaintiffs’ complaint, brought under section 354, Code of Civil Procedure. Appellants claim the premises as and for placer mining purposes, and respondents by virtue of a location of a quartz lode, located under the name of the Welcome Stranger lode, with three hundred feet of surface ground on each side of said lode. See Complaint, pp. 1 to 3, and Answer, 4 to 5, inclusive. The findings of fact by the jury (p. 8, line 14, to p. 9, fine 5) find the facts on which said cause should…
1Opinion of the CourtWade, C. J.
This is the case of actual possession against a valid location. The plaintiffs, by virtue of possession alone, attempt to hold mining ground as against a valid location of the same ground. This they cannot do. In the case of Belk v. Meagher et al. 3 Mont. 80, we held that “there is no grant from the government, under the act of congress, unless. there is a location according to law and the local rules and regulations. Such location is a condition precedent to the grant. Mere possession, not based upon a valid location, would not prevent a valid location .under the law.” The supreme court of…
2Cases cited7 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Hopkins v. NoyesMontana Supreme Court · 1883
- Hauswirth v. ButcherMontana Supreme Court · 1882
- Belk v. MeagherMontana Supreme Court · 1878
- Tibbitts v. Ah TongMontana Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Thrasher v. HodgeMontana Supreme Court · 1929
- Bingham v. National BankMontana Supreme Court · 1937
- McKay v. McDougalMontana Supreme Court · 1897
- Coburn Cattle Co. v. HensenMontana Supreme Court · 1916
- Eagle-Picher Mining & Smelting Co. v. MeyerArizona Supreme Court · 1949
3 more not listed; retrieve them via the Exa API.