Mattingly v. Lewisohn
Montana Supreme Court
Appeal from the District Court, Silver Bow County. STATEMENT. The plaintiffs brought this action to establish their title to an Interest in a mining claim, for which the defendants had made application for a patent adversely to themselves.
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Appeal from the District Court, Silver Bow County. STATEMENT. The plaintiffs brought this action to establish their title to an Interest in a mining claim, for which the defendants had made application for a patent adversely to themselves. The complaint as to its cause of action and prayer for relief was as follows: “That plaintiffs now are and have been, they and their grantors, for more than one year last past, the owners of, and have been for said time, and now are, on this sixth day of January, A. D. 1886, in the actual possession of the following described premises, to wit, the undivided…
1Opinion of the CourtDe Wolfe, J.
The respondents in this court (the plaintiffs in the District Court) filed their complaint, in which they alleged that they were the owners of three-fifths undivided interest of the Great Eastern Lode Mining Claim, and that two of the appellants were the owners of the other two fifths of said claim. The complaint also alleges the citizenship of the plaintiffs, and *263improvements of the value of two thousand five hundred dollars done upon the claim. Then follows the allegation: “That defendants have made application for a patent from the United States to all of said premises, and deny…
2Cited by13 opinions
- Burke v. McDonaldIdaho Supreme Court · 1890
- McKay v. McDougalMontana Supreme Court · 1897
- Thornton v. KaufmanMontana Supreme Court · 1907
- Murray v. PolglaseMontana Supreme Court · 1899
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1913
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