Mayer v. Carothers
Montana Supreme Court
Appeal from Sixth Judicial District, Meagher County. Ejectment to recover possession of town lots upon the surface of a mining claim. The cause was tried before Henry, J. Plaintiffs had judgment below. I. The court erred in excluding evidence of the adverse possession of defendants and their predecessors in interest prior to the issuance of the patent.
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Appeal from Sixth Judicial District, Meagher County. Ejectment to recover possession of town lots upon the surface of a mining claim. The cause was tried before Henry, J. Plaintiffs had judgment below. I. The court erred in excluding evidence of the adverse possession of defendants and their predecessors in interest prior to the issuance of the patent. After the receipt of the payments for the land and issuance of the receiver’s certificate, the United States held the bare, naked, empty title, and the holder was the sole beneficiary in the premises described in it. (Comp. Stats., § 542, p.…
1Opinion of the CourtDe Witt, J.
This is an action in the nature of ejectment. Plaintiffs recovered judgment. Defendants’ motion for new trial was denied. From the order and the judgment defendants appeal. The subject of the action is described as lots 5, 6, 7, 8, and 9, in block 5, of the townsite of the town of Neihart. These lots are a portion of the surface of the Keegan mining claim. Plaintiffs became owners of this mining claim by mesne conveyance from the locators on June 30, 1884. On July 27, 1887, plaintiffs were granted a patent by the *286United States for Keegan mining claim, in pursuance to an application made by…
2Cases cited11 opinions
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- People v. MartinezCalifornia Supreme Court · 2000
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Reed v. OwnbySupreme Court of Missouri · 1869
- Creek v. McManusMontana Supreme Court · 1893
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3Cited by13 opinions
- Consolidated Gold & Sapphire Mining Co. v. StruthersMontana Supreme Court · 1910
- Jensen v. BarbourMontana Supreme Court · 1895
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Morse v. Commissioners of Granite CountyMontana Supreme Court · 1897
- Misek v. O'SheaOregon Supreme Court · 1900
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