Butte & Superior Copper Co. v. Clark-Montana Realty Co.
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana; George M. Bourquin, Judge. Suit by the Clark-Montana Realty Company, a corporation, and the Elm Orlu Mining Company, a corporation, against the Butte & Superi- or Copper Company, a corporation. From a decree for complainants (233 Fed. 547), defendant appeals.
1Opinion of the Court
GILBERT, Circuit Judge.
The Clark-Montana Realty Company, hereinafter called the appellee, as the owner of the Elm Orlu lode mining claim, together with the Elm Orlu Mining Company, its lessee, brought this suit against the appellant, the owner of the Black Rock lode mining claim, to quiet' title and to obtain an accounting for ores alleged to have been taken by the appellant from the appellee’s mine. The court below, upon the issues and the testimony, found the following facts:(1) That the Elm Orlu claim was located before the Black Rock claim was located.(2) That the north wall of the…
2Cases cited21 opinions
- Joy v. St. LouisSupreme Court of the United States · 1891
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Lawson v. United States Mining Co.Supreme Court of the United States · 1907
- Creede & Cripple Creek Mining & Milling Co. v. Uinta Tunnel Mining & Transportation Co.Supreme Court of the United States · 1905
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Stock v. PlunkettCalifornia Supreme Court · 1919
- Ames v. Empire Star Mines Co., Ltd.California Supreme Court · 1941
- Hedrick v. LeeIdaho Supreme Court · 1924
- Arizona Commercial Mining Co. v. Iron Cap Copper Co.Arizona Supreme Court · 1925
- Harvey v. HavenerMontana Supreme Court · 1959
9 more not listed; retrieve them via the Exa API.