Hopkins v. Noyes
Montana Supreme Court
Appeal from Second District, Silver Bow County. Appellants claim a reversal of this cause, as is shown by exception No. 2, on pp. 45, 46 and 47 of transcript on appeal.
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Appeal from Second District, Silver Bow County. Appellants claim a reversal of this cause, as is shown by exception No. 2, on pp. 45, 46 and 47 of transcript on appeal. The question presented for the determination of the court is: Can a title to placer mining ground be acquired by purchase, accompanied by actual delivery of the possession of the premises, and followed by continuous possession to the date of the bringing of this suit, there being no deeds to any portion of said premises? We consider that such possessory title is sufficient to defeat an action of ejectment as in this case. See…
1Opinion of the Court
Wade, 0. J.
This action grows out of a conflict between a placer location under the act of congress of July 26, 1866, and a quartz lode location under the act of May 10, 1812, and the plaintiffs bring the action under the statute to have determined the right to the possession of the ground in dispute. The defendants claimed title and the right of possession under a placer location, and on the trial offered to prove that the ground in question was located and recorded as a placer mining claim in the year 1866 in pursuance of the law and the local rules and regulations of the Summit Yalley…
2Cases cited7 opinions
- Mining Co. v. TaylorSupreme Court of the United States · 1879
- Table Mountain Tunnel Co. v. StranahanCalifornia Supreme Court · 1862
- Williams v. SuttonCalifornia Supreme Court · 1872
- Hardenbergh v. BaconCalifornia Supreme Court · 1867
- Robertson v. SmithMontana Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Le Vasseur v. RoullmanMontana Supreme Court · 1933
- Osnes Livestock Co. v. WarrenMontana Supreme Court · 1936
- Nadeau v. Texas CompanyMontana Supreme Court · 1937
- Olive Land & Development Co. v. OlmsteadU.S. Circuit Court for the District of Southern California · 1900
- Oliver v. BurgOregon Supreme Court · 1936
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