Anaconda Copper Min. Co. v. Pilot-Butte Min. Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by tbe Anaconda Copper Mining Company against the Pilot-Butte Mining Company. From an order granting to plaintiff an injunction pendente lite, the defendant appeals.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by tbe Anaconda Copper Mining Company against the Pilot-Butte Mining Company. From an order granting to plaintiff an injunction pendente lite, the defendant appeals. The court erred in overruling the defendant’s objections to the various matters contained in the land office records of the Emily and the Badger State claim, because not verified as required by law or at all; furthermore, they are not shown to have been recorded and no testimony was offered to show the location of the claim, that is, the discovery of…
1Opinion of the CourtChief Justice Brantlt
The plaintiff corporation is the owner of the Badger State and Emily lode claims, both patented, situated in Silver Bow *446county. The Badger State is the senior location. Applications for patents for these claims, respectively, were made on January 19, and April 21, 1882, and patents were issued on March 15, 1883, and June 10, 1884. The defendant owns the Pilot claim to the north. The location of this claim was in point of time later than either of the others, but patent was applied for on July 15, 1881, and was issued at a date prior to that of the Badger State or the Emily. As originally…
2Cases cited6 opinions
- Finlen v. HeinzeMontana Supreme Court · 1903
- Moss v. GoodhartMontana Supreme Court · 1913
- Parrot Silver & Copper Co. v. HeinzeMontana Supreme Court · 1901
- Montana Ore Purchasing Co. v. Butte & Boston Consolidated Mining Co.Montana Supreme Court · 1901
- Cambers v. LowryMontana Supreme Court · 1898
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