McCowan v. Maclay
Montana Supreme Court
Appeal from Sixth Judicial District, Meagher Goumty. Adverse suit. Judgment was rendered for the defendant below by Henry, J., sustaining a demurrer to the complaint.
1Opinion of the CourtDeWitt, J.
The defendant applied for a United States patent for certain mining premises. The plaintiff filed his adverse claim in the United States land office, and commenced this action, which is commonly known as an ‘ ‘adverse suit. ’ ’ (Davidson v. Bordeaux, 15 Mont. 245, and cases cited; Anthony v. Jillson, 83 Cal. 296.) A demurrer to plaintiff’s complaint was sustained, and judgment rendered and entered for defendant. Plaintiff appeals.
The plaintiff depended upon the location of the Yellow Jacket claim. He set out the location notice of this claim, and the affidavit verifying the same, in his…
2Cases cited8 opinions
- Glacier Mountain Silver Mining Co. v. WillisSupreme Court of the United States · 1888
- O'Donnell v. GlennMontana Supreme Court · 1888
- Metcalf v. PrescottMontana Supreme Court · 1891
- Anthony v. JillsonCalifornia Supreme Court · 1890
- O'Donnell v. GlennMontana Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Butte & Superior Copper Co. v. Clark-Montana Realty Co.Supreme Court of the United States · 1919
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
- Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
- Cleary v. SkiffichSupreme Court of Colorado · 1901
- Oliver v. BurgOregon Supreme Court · 1936
9 more not listed; retrieve them via the Exa API.