Murray v. Polglase
Montana Supreme Court
Appeal from District Cowrt, Silver Bow County/ William Clancy, Judge. Action by James A. Murray and others against Jane Polglase and others to establish an adverse claim to a mine location, in which W. W. .Adams and others intervened. Judgment was rendered for intervenors, from which defendants appeal; and plaintiffs appeal from the judgment and an order denying a new- trial. Statement oe the Case.
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Appeal from District Cowrt, Silver Bow County/ William Clancy, Judge. Action by James A. Murray and others against Jane Polglase and others to establish an adverse claim to a mine location, in which W. W. .Adams and others intervened. Judgment was rendered for intervenors, from which defendants appeal; and plaintiffs appeal from the judgment and an order denying a new- trial. Statement oe the Case. On September 17, 1892, the defendants filed their application in the United States land office for a patent to the Rams-dell lode mining claim. After notice was published, and within the time…
1Opinion of the Court
MR. CHIEF JUSTICE BRANTLY,
after stating the case, delivered thg opinion of the Court.
The records of the United States land department, introduced by defendants, show that the entry of the ground in controversy by the plaintiffs on December 29, 1887, was .can-celled for fraud, upon the protest of some of the defendants and the predecessors of the others. The fraud alleged and established was that plaintiffs had represented, to the register and receiver that they had done sufficient work upon, the claim, to entitle them to a patent, whereas- they had not done'more than one-half that amount.…
2Cases cited33 opinions
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Carroll v. SaffordSupreme Court of the United States · 1845
- Benson Mining & Smelting Co. v. Alta Mining & Smelting Co.Supreme Court of the United States · 1892
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3Cited by12 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Wastl v. Montana Union Railway Co.Montana Supreme Court · 1900
- Thornton v. KaufmanMontana Supreme Court · 1907
- Schilling v. CurranMontana Supreme Court · 1904
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