McKinstry v. Clark & Cameron
Montana Supreme Court
Appeal from Second District, Deer Lodge County. The court erred in allowing defendants to introduce in evidence the certified copy of the statement of location of the Sankie lode without proof of the loss of the original statement of location. It also erred in allowing the introduction in evidence of the certified copy of the deed from Ford to Cameron without proof of the loss of the original.
Read the full summary
Appeal from Second District, Deer Lodge County. The court erred in allowing defendants to introduce in evidence the certified copy of the statement of location of the Sankie lode without proof of the loss of the original statement of location. It also erred in allowing the introduction in evidence of the certified copy of the deed from Ford to Cameron without proof of the loss of the original. The rule as to the introduction of parol evidence of the contents of an instrument, or a certified copy of an instrument, or of the record thereof, is generally that this proof of the loss of the…
1Opinion of the CourtConger, J.
This is an action of ejectment brought to recover the possession of a certain mining claim, described as the Themis lode claim, the same being a quartz mining claim fifteen hundred feet in length by six hundred feet in width along said lode, situate in Summit Valley Mining District, Deer Lodge county, Montana territory, and also for damages in the sum of $100 and costs.
Plaintiff avers that on the 2d day of March, 1880, he was the owner of and entitled to the possession of said lode, and that afterwards, to wit, on or about the 3d day of March, 1880, and while plaintiff was so seized and…
2Cases cited2 opinions
- Hicks v. ColemanCalifornia Supreme Court · 1864
- McKinney v. PowersMontana Supreme Court · 1876
3Cited by14 opinions
- Reno v. EricksteinMontana Supreme Court · 1984
- Noyes v. BlackMontana Supreme Court · 1883
- Gum v. MurrayMontana Supreme Court · 1886
- Wortman v. Luna Park Amusement Co.Montana Supreme Court · 1921
- Herman v. JeffriesMontana Supreme Court · 1883
9 more not listed; retrieve them via the Exa API.