Orton v. Bender
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by William C. Orton against Lewis B. Bender. Judgment for plaintiff, and defendant appeals from it and an order denying Mm a new trial.
1Opinion of the CourtJustice Holloway
In October, 1907, Lewis B. Bender made application in the United States land office for patent to the Friday lode claim. Within the period of publication of notice, William C. Orton filed his protest and adverse, claiming that a portion of the ground included in the Friday claim belongs to, and is included in the boundaries of, the Merchant lode claim, owned by Orton. The adverse was allowed and proceedings in the land office stayed. Within thirty days thereafter, this action was commenced by Orton to quiet title to the area in conflict. The plaintiff claims the disputed portion, by virtue of…
2Cases cited12 opinions
- Bordeaux v. BordeauxMontana Supreme Court · 1905
- Finlen v. HeinzeMontana Supreme Court · 1905
- Noyes v. GerardMontana Supreme Court · 1910
- Pope v. AlexanderMontana Supreme Court · 1907
- Watkins v. WatkinsMontana Supreme Court · 1909
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3Cited by12 opinions
- Havre Irrigation Co. v. MajerusMontana Supreme Court · 1957
- Sandeen v. Russell Lumber Co.Montana Supreme Court · 1912
- Dalakow v. GeeryMontana Supreme Court · 1957
- Kaufman v. City of ButteMontana Supreme Court · 1914
- Schulz v. FoxMontana Supreme Court · 1959
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