Driscoll v. Dunwoody
Montana Supreme Court
Appeal from District Court, Silver Bow County„ The title to ore extracted by a wrong-doer remains in the owner of the land. Morrison’s Mining Digest, 253; Johnson v. Elwood, 53 N. Y. 433; Leadville Mining Co. v. Fitzgerald, 4 Mor. Min. Rep. 380; Stevens & Leiter v. Murphy, 4 Mor. Min. Rep. 380. A mere trespasser cannot set up title in a third person.
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Appeal from District Court, Silver Bow County„ The title to ore extracted by a wrong-doer remains in the owner of the land. Morrison’s Mining Digest, 253; Johnson v. Elwood, 53 N. Y. 433; Leadville Mining Co. v. Fitzgerald, 4 Mor. Min. Rep. 380; Stevens & Leiter v. Murphy, 4 Mor. Min. Rep. 380. A mere trespasser cannot set up title in a third person. Wells on Replevin, secs. 693-695. The question of the locality of the apex of the vein had been raised by defendants without their having pleaded anything to indicate such course on their part, and plaintiffs could not be expected to forestall…
1Opinion of the CourtBach, J.
This action was brought in the justice’s court of Silver Bow County for the purpose of recovering two tons of silver ore, or the value thereof, alleged to have been taken by the defendants from the Lamb lode mining claim; the plaintiffs claiming ownership and right of possession of the ore. The defendants denied the existence of any such mining claim as the Lamb lode mining claim, and denied that the ore was ever taken from said claim. The answer was not verified. The case was taken by appeal to the district court of Silver Bow County, and trial was had there. The plaintiffs proved a…
2Cases cited1 opinion
- Bradley v. KentCalifornia Supreme Court · 1863
3Cited by2 opinions
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Laubenheimer v. Bach, Cory & Co.Montana Supreme Court · 1897