Dillon v. Bayliss
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. Action to determine the right to the possession of mining premises. The cause was tried before Blake, C. J. The plaintiff had judgment below. Statement of the case by the judge delivering the opinion. This action is a contest between claimants of mineral lands ■upon the public domain of the United States. Defendant applied to the government for a patent to the Maskelyne quartz lode mining claim.
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Appeal from First Judicial District, Lewis and Clarke County. Action to determine the right to the possession of mining premises. The cause was tried before Blake, C. J. The plaintiff had judgment below. Statement of the case by the judge delivering the opinion. This action is a contest between claimants of mineral lands ■upon the public domain of the United States. Defendant applied to the government for a patent to the Maskelyne quartz lode mining claim. Plaintiff filed his adverse claim in the appropriate land office, alleging that he owned the premises by virtue of his location of the…
1Opinion of the CourtDe Witt, J.
We will discuss the two points suggested in the above statement of the case. Was the location notice properly admitted in evidence? Did the court properly exclude evidence tending to show that the description in the notice was not sufficient to identify the claim?
1. The Devised Statutes of the United States (§ 2324), under which locations of mining claims may be made upon the public domain, provide: “All records of mining claims .... shall contain .... such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.”
The…
Also in this document: Concurrence.
2Cases cited2 opinions
- Metcalf v. PrescottMontana Supreme Court · 1891
- Russell v. ChumaseroMontana Supreme Court · 1882
3Cited by13 opinions
- Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
- Morrison v. ReganIdaho Supreme Court · 1902
- Bramlett v. FlickMontana Supreme Court · 1899
- Anderson v. Hawaiian Dredging Co.Hawaii Supreme Court · 1917
- Snowy Peak Mining Co. v. Tamarack & Chesapeak Mining Co.Idaho Supreme Court · 1910
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