Ducie v. Ford
Montana Supreme Court
Appeal from the District Court, Silver Bow County. STATEMENT. The plaintiffs in this action sought to enforce the specific performance of a verbal agreement. They claimed the defendant had agreed to deed to them an undivided one-half interest in a certain mine, upon his obtaining a United States patent to the same, in consideration of their abstaining from filing an adverse claim to his application for such patent, and paying half the expenses of procuring it.
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Appeal from the District Court, Silver Bow County. STATEMENT. The plaintiffs in this action sought to enforce the specific performance of a verbal agreement. They claimed the defendant had agreed to deed to them an undivided one-half interest in a certain mine, upon his obtaining a United States patent to the same, in consideration of their abstaining from filing an adverse claim to his application for such patent, and paying half the expenses of procuring it. They averred part performance of the agreement. A demurrer to their complaint being sustained in the District Court, and judgment…
1Opinion of the CourtLiddell, J.
The complainants allege that in 1878 they discovered and located a mining claim known as the “Figi,” situated in the county of Silver Bow, in what is known as the “Summit V alley Mining District ”; that the necessa ry notice and declaratory statement were made, as required by the federal and territorial laws, and that they were in the peaceable possession of the premises until the 15th of March, 1881; that pending their ownership and possession the “ defendant was about to proceed to procure ” a patent from the government for the same land, under a pretended location and claim designated as…
Also in this document: Concurrence.
2Cases cited4 opinions
- Purcell v. MinerSupreme Court of the United States · 1867
- Meyendorf v. FrohnerMontana Supreme Court · 1879
- Mayger v. CruseMontana Supreme Court · 1885
- Ryan v. DunphyMontana Supreme Court · 1882
3Cited by12 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Clarno v. GraysonOregon Supreme Court · 1896
- Daily ex rel. Daily v. MinnickSupreme Court of Iowa · 1902
- Perkins v. AllnutMontana Supreme Court · 1913
- McKay v. McDougalMontana Supreme Court · 1897
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