King v. Edwards
Montana Supreme Court
Appeal from, the Third District, Meagher County. In May, 1869, King and Gillett filed their complaint against Edwards and ten others, including John Doe and Richard Roe, in the district court in Meagher county. The cause was tried by a jury in November, 1869, before Symes, J., and a verdict was returned for defendants. The facts are stated in the opinion. There was no evidence that appellants had abandoned the ground in controversy.
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Appeal from, the Third District, Meagher County. In May, 1869, King and Gillett filed their complaint against Edwards and ten others, including John Doe and Richard Roe, in the district court in Meagher county. The cause was tried by a jury in November, 1869, before Symes, J., and a verdict was returned for defendants. The facts are stated in the opinion. There was no evidence that appellants had abandoned the ground in controversy. The laws of German district, even if in force, make no provision for a forfeiture, but were designed to make representation easy instead of difficult. McOarity v.…
1Opinion of the CourtKnowles, J.
This is an action of ejectment brought by the appellants to recover possession from the respondents of certain mining ground, situated in German district, Confederate gulch, Meagher county.
The appellants claim title from those who first located the same. The respondents claim that appellants forfeited the ground and set up title in themselves.
The law which requires work to be done on mining ground in German district does not provide that a failure to comply therewith shall work a forfeiture of the ground.
The first question presented for us to answer is, whether it is necessary for this law to…
2Cases cited3 opinions
- McGarrity v. ByingtonCalifornia Supreme Court · 1859
- Colman v. ClementsCalifornia Supreme Court · 1863
- St. John v. KiddCalifornia Supreme Court · 1864
3Cited by5 opinions
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- Emerson v. McWhirterCalifornia Supreme Court · 1901
- Sturtevant v. VogelCourt of Appeals for the Ninth Circuit · 1909
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- Poujade v. RyanNevada Supreme Court · 1893