Hauswirth v. Butcher
Montana Supreme Court
Appeal from Second District, Silver Bow County. The evidence in this cause was insufficient to justify and sustain the verdict. The plaintiffs’ evidence shows that the locating and marking of boundaries on the ground of the Triumph lode claim, under which plaintiffs claim, was by stakes set two thousand feet apart (Transcript, p. 57), while the ground claimed by plaintiffs, according to the record of the claim, was only one thousand five hundred feet.
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Appeal from Second District, Silver Bow County. The evidence in this cause was insufficient to justify and sustain the verdict. The plaintiffs’ evidence shows that the locating and marking of boundaries on the ground of the Triumph lode claim, under which plaintiffs claim, was by stakes set two thousand feet apart (Transcript, p. 57), while the ground claimed by plaintiffs, according to the record of the claim, was only one thousand five hundred feet. The location must be distinctly marked on the ground so that its boundaries can be readily traced. E. S. U. S. sec. 2324. The intention of the…
1Opinion of the CourtWade, C. J.
This appeal, among other things, calls in question the validity of a mining claim location under the act of congress of May 10, 1872. The respondents claim title and right of possession to the ground in dispute by virtue of their location of the Triumph lode mining claim, which location, the appellants contend, is void, for the reason that the testimony disclosed the fact that the Triumph location is two thousand feet in length on the southern boundary line, and therefore not authorized by the act aforesaid.
The act of congress provides: “A mining claim, located after the passage of this act,…
2Cases cited2 opinions
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Belk v. MeagherMontana Supreme Court · 1878
3Cited by16 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Nelson v. SmithNevada Supreme Court · 1918
- Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
- Chenoweth v. Great Northern Ry. Co.Montana Supreme Court · 1915
- Sanders v. NobleMontana Supreme Court · 1899
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