O'Hanlon v. Ruby Gulch Mining Co.
Montana Supreme Court
Appeal from District Court, Chotean County; Jno. W. Tat-tan, Judge. Action by Thomas J. 0 ’Hanlon and another against the Ruby Gulch Mining Company. From an order granting a motion for new trial plaintiffs appeal. Before one cotenant can acquire the interest of his eotenant in a mining claim, he must either proceed strictly in accordance with the provisions of section 2324, United States Revised Statutes ( 5 Fed. Stats. Ann. 19, U. S. Comp.
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Appeal from District Court, Chotean County; Jno. W. Tat-tan, Judge. Action by Thomas J. 0 ’Hanlon and another against the Ruby Gulch Mining Company. From an order granting a motion for new trial plaintiffs appeal. Before one cotenant can acquire the interest of his eotenant in a mining claim, he must either proceed strictly in accordance with the provisions of section 2324, United States Revised Statutes ( 5 Fed. Stats. Ann. 19, U. S. Comp. Stats. 1901, p. 1426), or he must hold the entire claim adversely for a period of ten years. The relation of co-owners in a mining claim is such that the…
1Opinion of the CourtChief Justice Brantly
On April 20, 1908, the defendant, claiming to be the exclusive owner of the Divide quartz lode mining claim, situate in the Little Rocky mining district, in Chotear^ county, made its application to the United States for a patent therefor through the land office at Glasgow. The plaintiffs, each claiming an undivided one-sixth interest therein as a tenant in common with the defendant, brought this action to have their rights established and determined as an adverse claim in pursuance of the requirements of the federal statute. (U. S. Rev. Stats., see. 2326; 5 Fed. Stats. Ann. 35; U. S. Comp.…
2Cases cited14 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Turner v. SawyerSupreme Court of the United States · 1893
- Billings v. Aspen Mining & Smelting Co.Court of Appeals for the Eighth Circuit · 1892
- Royston v. MillerU.S. Circuit Court for the District of Nevada · 1896
- Elder v. Horseshoe Mining & Milling Co.Supreme Court of the United States · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1922
- Sunburst Minerals, LLC v. Emerald Copper Corp.District Court, D. Arizona · 2018
- Binning v. Miller, Water Division SuperintendentWyoming Supreme Court · 1940
- Lee v. LaugheryMontana Supreme Court · 1918
- State Ex Rel. North American Life Insurance v. District CourtMontana Supreme Court · 1934
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