Preston v. Hunter
Court of Appeals for the Ninth Circuit
Appeal from tbe Circuit Court of the United States for the District of Montana. This was a suit by Duncan Hunter and others against Edward L. Preston to determine an adverse claim to certain mining ground. The case was commenced in a state court, and was afterwards removed to the federal court by the defendant. The circuit court entered a decree dismissing the suit on the ground that neither of the parties was entitled to recover. Defendant appeals.
1Opinion of the Court
HAWLEY, District Judge.
This is a suit in equity, in the nature of a bill to quiet title, to determine which of the parties has the better right to certain mining ground, situate in an unorganized mining district, formerly in the county of Missoula, now in Flathead county, state of Montana, and whether either of said parties is entitled to a patent thereto. The suit was commenced in the state court by appellees in support of their adverse claim, as the alleged owners of the Butte placer mining claim, to an application for a patent by appellant to the Pine Tree placer mining claim. It was…
2Cases cited13 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Strepey v. StarkSupreme Court of Colorado · 1884
- McGinnis v. EgbertSupreme Court of Colorado · 1884
- McEvoy v. HymanU.S. Circuit Court for the District of Colorado · 1885
- O'Donnell v. GlennMontana Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shoshone Min. Co. v. RutterCourt of Appeals for the Ninth Circuit · 1898
- Columbia Copper Mining Co. v. Duchess Mining, Milling & Smelting Co.Wyoming Supreme Court · 1905
- Zerres v. VaninaU.S. Circuit Court for the District of Nevada · 1905
- Mares v. DillonMontana Supreme Court · 1904
- McCowan v. MaclayMontana Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.