Russell v. Chumasero
Montana Supreme Court
Appeal from, Third District, Lewis and Clarke County. 1. The offer of the plaintiff to prove his actual possession and occupancy of the property was an offer to establish title as against one who in no way connects himself with a better one.
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Appeal from, Third District, Lewis and Clarke County. 1. The offer of the plaintiff to prove his actual possession and occupancy of the property was an offer to establish title as against one who in no way connects himself with a better one. Ahvood v. Tricott, 17 Cal. 37; English v. Johnson, id. 107; Hess v. Winder, 30 Cal. 355. And this principle is especially applicable when the question is one barely of right of possession under the act of congress, when the better title must prevail. Then plaintiff showed actual possession, and defendants were not required to and did not show any right of…
1Opinion of the Court
Wade, 0. J.
Plaintiff, to maintain his action, offered in evidence the record of his declaratory statement and location of the Alta lode claim, which is in the words and figures following, to wit:
“Declaratory Statement.
“ Alta Lode.
“This lode is situated in Ten Mile Mining District, Lewis and Clarke county, Montana territory, discovered July 26, 1816, by J. H. Russell, and he hereby gives notice that he has located the above named lode under the provisions of the act of congress, May 10, 1812, and claims 1,300 feet westerly and 200 feet easterly from discovery; thence to stake A 300 feet, to…
2Cited by10 opinions
- Garfield M. & M. Co. v. HammerMontana Supreme Court · 1886
- Upton v. LarkinMontana Supreme Court · 1888
- O'Donnell v. GlennMontana Supreme Court · 1888
- Metcalf v. PrescottMontana Supreme Court · 1891
- Morrison v. ReganIdaho Supreme Court · 1902
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