Talbott v. King
Montana Supreme Court
Appeals from, Second District, Silver Bovj Comity. The opinion states the facts. This is an action instituted by plaintiffs in the nature of an action in ejectment. The plaintiffs claim title to the premises in dispute’ as a part of the Smoke-house lode claim. The defendants dispute the title of plaintiffs and claim title in the disputed premises as part of the Butte town site.
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Appeals from, Second District, Silver Bovj Comity. The opinion states the facts. This is an action instituted by plaintiffs in the nature of an action in ejectment. The plaintiffs claim title to the premises in dispute’ as a part of the Smoke-house lode claim. The defendants dispute the title of plaintiffs and claim title in the disputed premises as part of the Butte town site. A patent was issued to plaintiffs to the Smoke-house lode on March 15, 1881. A patent ivas issued to O. B. O’Bannon in trust to the Butte town site, September 26, 1877. The questions presented involve, among others,…
1Opinion of the CourtWade, C. J.
These cases, which were argued together, and involve the same questions, may well be determined by one decision. The actions are in the nature of ejectment, in which the plaintiffs below and respondents here seek to recover possession of the Smoke-house Quartz lode mining claim, situate in the Summit Yalley mining district, Silver Bow county. They claim title and right of possession by virtue of a patent, dated March 15, 1881, issued in pursuance of a location, as they contend, made April 16, 1875. The appellants claim title to a portion of the ground included in the Smoke-house patent under…
2Cases cited18 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Shepley v. CowanSupreme Court of the United States · 1876
- Stark v. StarrsSupreme Court of the United States · 1868
13 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ames v. Empire Star Mines Co., Ltd.California Supreme Court · 1941
- Murray v. BuolMontana Supreme Court · 1887
- Our Lady of the Rockies, Inc. v. PetersonMontana Supreme Court · 2008
- Butte & Superior Copper Co. v. Clark-Montana Realty Co.Court of Appeals for the Ninth Circuit · 1918
- Mayer v. CarothersMontana Supreme Court · 1894
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