First National Bank v. Bell Silver & Copper Mining Co.
Montana Supreme Court
Appeal from, the District Court, Silver Bow County. STATEMENT. An action in ejectment for the recovery of two mining claims.
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Appeal from, the District Court, Silver Bow County. STATEMENT. An action in ejectment for the recovery of two mining claims. The defendant, the Bell Silver and Copper Mining Company, executed to Samuel Wells and Theodore H. Tyndale, as trustees and mortgagees, a certain instrument in the nature of a deed of trust or mortgage, upon the property in dispute, and certain mining machinery and tools upon the same, to secure the payment of certain bonds it had issued for money borrowed. The said instrument is substantially set forth in the opinion. Upon default in the payment of the bonds, the said…
1Opinion of the CourtMcConnell, C. J.
This was an action of ejectment, brought by the plaintiffs against the defendants, for the recovery of two mining claims, described in the complaint. There was judgment for the plaintiffs, and an appeal taken from said judgment to this court. The pleadings make a case of ordinary ejectment. There is no special defense set up in the answer of the defend*40ants. The case was tried by the court without a jury upon certain agreed facts, which have been transferred to the transcript, in the nature of a special verdict. The substance of them is' that, on the twenty-fifth day of April, 1882, the…
2Cases cited13 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Teal v. WalkerSupreme Court of the United States · 1884
- McMillan v. RichardsCalifornia Supreme Court · 1858
- Metropolitan Railroad v. MooreSupreme Court of the United States · 1887
- Grant v. BurrCalifornia Supreme Court · 1880
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3Cited by25 opinions
- Stackpole v. HallahanMontana Supreme Court · 1895
- O'Connell v. State Board of EqualizationMontana Supreme Court · 1933
- Stadler v. First National BankMontana Supreme Court · 1899
- State ex rel. Rankin v. State Board of ExaminersMontana Supreme Court · 1921
- Barth v. ElyMontana Supreme Court · 1929
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