Legal Opinion

Delmoe v. Long

Montana Supreme Court

Decided February 11, 1907No. 2,363PublishedCited by 18 opinions

Appeal from District Court, Silver Bow County; George M. Bourquin, Judge. Suit by Aquilino Delmoe against Joseph Y. Long, as administrator of the estate of Herman H. Horst, deceased, and others. From a decree in favor of plaintiff, defendants appeal. The claimant of mining ground, until he has secured a patent therefor, must annually perform, within the year $100 worth of work in representing the same.

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Appeal from District Court, Silver Bow County; George M. Bourquin, Judge. Suit by Aquilino Delmoe against Joseph Y. Long, as administrator of the estate of Herman H. Horst, deceased, and others. From a decree in favor of plaintiff, defendants appeal. The claimant of mining ground, until he has secured a patent therefor, must annually perform, within the year $100 worth of work in representing the same. (U. S. Rev. Stats., sec. 2324; Bay State S. M. Co. v. Brown, 21 Fed. 167; Mt. Diable Mill etc. Co. v. Callison, 5 Saw. 439, Fed. Cas. No. 9886; Belle v. Meagher, 104 U. S. 279, 26 L. Ed. 735;…

1Opinion of the CourtChief Justice Brantly

This action was brought for the purpose of obtaining a decree declaring the defendants trustees, for the benefit of the plaintiff, of an undivided three-eighths interest in the Sarah quartz lode (patented) claim, situated in Summit Talley mining district, Silver Bow county.

The original complaint was filed on July 2, 1901. The Sarah claim was located by one Bartholomew Piva on January 1, 1883. The plaintiff became the owner of the undivided interest in*146volved herein by mesne conveyances from Piva in 1886 and 1887. One Herman H. Horst purchased an undivided one-half interest from Piva in 1884.…

2Cases cited15 opinions

  1. Prigg v. PennsylvaniaSupreme Court of the United States · 1842
  2. Hammond v. HopkinsSupreme Court of the United States · 1892
  3. Bordeaux v. BordeauxMontana Supreme Court · 1905
  4. Finlen v. HeinzeMontana Supreme Court · 1905
  5. Murphy v. CrowleyCalifornia Supreme Court · 1903

10 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Murphy v. NettMontana Supreme Court · 1911
  2. Brundy v. CanbyMontana Supreme Court · 1915
  3. Gassert v. StrongMontana Supreme Court · 1908
  4. Gray v. GrantMontana Supreme Court · 1922
  5. Barnard Realty Co. v. City of ButteMontana Supreme Court · 1918

13 more not listed; retrieve them via the Exa API.

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