Red Mountain Consolidated Mining Co. v. Esler
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. Injunction. Plaintiff’s application for a temporary injunction was granted by Buck, J. I. One tenant in common of a mine has the right to work it, on failure of his cotenants to work it.
Read the full summary
Appeal from First Judicial District, Lewis and Clarke County. Injunction. Plaintiff’s application for a temporary injunction was granted by Buck, J. I. One tenant in common of a mine has the right to work it, on failure of his cotenants to work it. (a) At common law he has the right to work it (and take all the profits). (McCord v. OaMand Mining Go., 64 Cal. 134; Pico v. Columbet, 12 Cal. 414; 1 Washburn on Real Property,, page 694, et seg.\ EarrVy v. Friend, 14 M. R. 271, 16 Grattan 21; Graham, v. Pierce, 14 M. R. 308, 19 Grattan 28.) (b) Properly working a mine by one tenant in common is…
1Per curiam
The defendant appeals from an order granting an injunction pendente Ute. Plaintiff is owner of the majority fractional interests in certain mining claims. Defendant is lessee from the owner of the minority fractional interests of said claims. Plaintiff asked a preliminary injunction, which was granted, restraining defendant from working the mines. From that order this appeal is taken.
These temporary injunctions rest largely in the discretion of the district court. (Anaconda Copper Mining Co. v. Butte & Boston Mining Co., 17 Mont. 519, and cases cited.) We think that it appears from the record…
2Cases cited1 opinion
- Anaconda Copper Mining Co. v. Butte & Boston Mining Co.Montana Supreme Court · 1896
3Cited by5 opinions
- Ayotte v. NadeauMontana Supreme Court · 1905
- Butte & Boston Consolidated Mining Co. v. Montana Ore Purchasing Co.Montana Supreme Court · 1900
- Harrigan v. LynchMontana Supreme Court · 1898
- Heinze v. KleinschmidtMontana Supreme Court · 1901
- Robinson v. LoganSupreme Court of Oklahoma · 1923