West Granite Mountain Mining Co. v. Granite Mountain Mining Co.
Montana Supreme Court
Appeal from District Court, Silver Bow County. It devolved on plaintiff to show a valid location as required by section 2324, United States Bevised Statutes, and if the boundaries were marked on ground not subject to location, there can be no marking of the boundaries of the claim on the claim as required by law. And plaintiff, having failed to show a valid location of said Fraction lode, under which it claims, the judgment should be reversed.
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Appeal from District Court, Silver Bow County. It devolved on plaintiff to show a valid location as required by section 2324, United States Bevised Statutes, and if the boundaries were marked on ground not subject to location, there can be no marking of the boundaries of the claim on the claim as required by law. And plaintiff, having failed to show a valid location of said Fraction lode, under which it claims, the judgment should be reversed. Whether or not plaintiff’s grantors, or plaintiff, in locating the Fraction lode, so marked the boundaries thereof that they can be easily traced, is a…
1Opinion of the CourtMcLeary, J.
This action was brought in the district court to determine the right to a small piece of mining ground, which by the plaintiff is called the Fraction, and by the defendant the Harrison, mining claim. There was a jury trial in the court below, and upon the general verdict and the special findings the court rendered judgment in favor of the plaintiff, from which the defendants appeals to this court. The only exception presented in the record and briefs of counsel is to the action of the court in denying the motion of the defendant to strike out all evidence on the part of the plaintiff in…
2Cases cited5 opinions
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Myres v. SurryhneCalifornia Supreme Court · 1885
- Hauswirth v. ButcherMontana Supreme Court · 1882
- Doe v. TylerCalifornia Supreme Court · 1887
- Anderson v. BlackCalifornia Supreme Court · 1886
3Cited by5 opinions
- Sanders v. NobleMontana Supreme Court · 1899
- Kern Oil Co. v. CrawfordCalifornia Supreme Court · 1904
- McElligott v. KroghCalifornia Supreme Court · 1907
- Perigo v. ErwinU.S. Circuit Court for the District of Utah · 1898
- Green v. GavinCalifornia Court of Appeal · 1909