Mantle v. Noyes
Montana Supreme Court
Appeal from Second District, Silver Bow County. The court erred in giving judgment for plaintiffs without the jury first finding upon all facts submitted. The patent is a bar to plaintiffs’ recovery unless it was shown that defendant knew of the existence of the lead, or, at least, that the existence of the lead was generally known. The reservations in placer patents of all quartz leads known to exist are void.
Read the full summary
Appeal from Second District, Silver Bow County. The court erred in giving judgment for plaintiffs without the jury first finding upon all facts submitted. The patent is a bar to plaintiffs’ recovery unless it was shown that defendant knew of the existence of the lead, or, at least, that the existence of the lead was generally known. The reservations in placer patents of all quartz leads known to exist are void. This question is adjudicated in the land office, and nothing is reserved except that which is known to exist in that office. Copp’s Mining Decisions, pp. 222-23. The government only…
1Opinion of the CourtWade, C. J.
This is an action in equity to quiet title. The respondents claim the ground in question under the name of the Pay Streak quartz lode mining claim, by virtue of a location thereof according to law, on the 23d day of April, 1878, under the act of congress of May 10, 1872. The appellant having, on the 23d day of July, 1880, procured a patent from the government for a certain placer mining claim, under the same act of congress, by virtue of his application of December 14,1878, which includes within its boundaries the ground claimed by respondents as a quai’tz lode location, claims title and…
2Cases cited18 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Moore v. RobbinsSupreme Court of the United States · 1878
- Polk's Lessee v. WendalSupreme Court of the United States · 1815
- Basey v. GallagherSupreme Court of the United States · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Sanford v. Gates, Townsend & Co.Montana Supreme Court · 1898
- Power v. LenoirMontana Supreme Court · 1899
- Brown v. LuddyCalifornia Court of Appeal · 1932
- Moore v. Capitol Gas CorporationMontana Supreme Court · 1945
6 more not listed; retrieve them via the Exa API.