Legal Opinion

Butte Consolidated Mining Co. v. Barker

Montana Supreme Court

Decided March 21, 1907No. 2,392PublishedCited by 9 opinions

Appeal from, District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Suit by the Butte Consolidated Mining Company against Samuel Barker, Jr., in support of an adverse to a mining claim. From a judgment for plaintiff and an order denying him a new trial, defendant appeals. Citing on the question of the sufficiency of the location notices of the Annex and Plumber locations: Fleming v. Daly, 12 Colo. App. 439, 55 Pac. 946-949; Beale v. Cone, 27 Colo. 473, 83 Am.

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Appeal from, District Court, Silver Bow County; Jno. B. Mc-Clernan, Judge. Suit by the Butte Consolidated Mining Company against Samuel Barker, Jr., in support of an adverse to a mining claim. From a judgment for plaintiff and an order denying him a new trial, defendant appeals. Citing on the question of the sufficiency of the location notices of the Annex and Plumber locations: Fleming v. Daly, 12 Colo. App. 439, 55 Pac. 946-949; Beale v. Cone, 27 Colo. 473, 83 Am. St. Rep. 92, 62 Pác. 948-959; Terrible Min. Co. v. Argentine Min. Go., 89 Fed. 583; Cheeseman v. Shrieve, 40 Fed. 787; Copper…

1Opinion of the CourtJustice Holloway

In 1900 Samuel Barker, Jr., made application to the United States land office at Helena for a patent to the Louise lode mining claim. Within the sixty-day period of publication, the Butte Consolidated Mining Company filed its adverse, claiming a portion of the ground embraced within the Louise claim by virtue of its location of the Annex lode mining claim. The adverse claim was allowed, and this action was brought within thirty days thereafter, The complaint is in the' usual form of an action to quiet title.

The answer puts in issue the allegations touching the validity of the Annex location…

2Cases cited9 opinions

  1. Butte City Water Co. v. BakerSupreme Court of the United States · 1905
  2. Strepey v. StarkSupreme Court of Colorado · 1884
  3. Morrison v. ReganIdaho Supreme Court · 1902
  4. Mares v. DillonMontana Supreme Court · 1904
  5. Thornton v. KaufmanMontana Supreme Court · 1907

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

3Cited by9 opinions

  1. Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
  2. Exchange State Bank v. Occident Elevator Co.Montana Supreme Court · 1933
  3. Orton v. BenderMontana Supreme Court · 1911
  4. Thornton v. KaufmanMontana Supreme Court · 1910
  5. Olympic Manganese Mining Co. v. DowningWashington Supreme Court · 1930

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

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