Larkin v. Upton
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE TERRITORY OF MONTANA. Prior to March, 1882, plaintiffs in error, defendants below, filed their application in the United States land office • at Helena, Montana, for a patent to the Smelter lode claim.
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ERROR TO THE SUPREME COURT OE THE TERRITORY OF MONTANA. Prior to March, 1882, plaintiffs in error, defendants below, filed their application in the United States land office • at Helena, Montana, for a patent to the Smelter lode claim. Defendants in error, plaintiffs below, “ adversed,” claiming as owners of a conflicting location, called the Comanche lode claim, and thereafter commenced this action in the District Court of the Second Judicial District of the Territory of Montana to determine the right of possession to the disputed territory, an área,. as alleged, of seven and seventy-nine…
1Opinion of the CourtJustice Brewer
The first judgment was reversed by the Supreme Court of the'Territory, on the ground that there had been no discovery of a vein or lode within the Comanche territory at the time of the location of that claim. Immediately north of the Comanche was the Shannon claim, which at the timé of the commencement of this suit had been surveyed and patented; and it appears from the opinion of the Supreme Court, that at the first trial the testimony showed that the discovery shaft of the Comanche was wholly within the limits and boundaries of the Shannon claim. The contest at the second trial was as to…
2Cited by21 opinions
- Wetzstein v. LargeyMontana Supreme Court · 1902
- Lackner v. McKechneyCourt of Appeals for the Seventh Circuit · 1918
- Warner v. United States Mutual Accident Ass'nUtah Supreme Court · 1893
- Brewster v. ShoemakerSupreme Court of Colorado · 1900
- Evans v. KisterCourt of Appeals for the Sixth Circuit · 1899
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