Poore v. Kaufman
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by 'J. A. Poore and others against Louis Kaufman.From an order refusing to dissolve a temporary injunction, defendant appeals.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Action by 'J. A. Poore and others against Louis Kaufman.From an order refusing to dissolve a temporary injunction, defendant appeals. The land office of the United States has sole jurisdiction in the matter of the sale of public land unless Congress has provided otherwise, and in providing for sales of public lands, if Congress does not provide the method of sale, the land office has the right and power to sell the land, under its rules and regulations. (Catholic Bishop v. Gibbon, 158 U. S. 155, 15 Sup. Ct. 779, 39 L.…
1Opinion of the CourtJustice Holloway
On March 1, 1899, the defendant, Kaufman, made application to the local land office for a patent to his Little Spring quartz lode mining claim. During the period of publication, an adverse claim, by Thornton and others, was presented and allowed, and suit commenced within thirty days (in May, 1899). Proceedings in the court were carried on for several years. On January 7, 1910, this court rendered its final decision (Thornton v. Kaufman, 40 Mont. 282, 135 Am. St. Rep. 618, 106 Pac. 361); on February 4 the remittitur issued, but was not filed in the district court until December 3, 1910. On…
2Cases cited11 opinions
- Manuel v. WulffSupreme Court of the United States · 1894
- Black v. Elkhorn Mining Co.Supreme Court of the United States · 1896
- Wight v. DuboisU.S. Circuit Court for the District of Colorado · 1884
- Enterprise Mining Co. v. Rico-Aspen Consolidated Mining Co.Supreme Court of the United States · 1897
- Murray v. PolglaseMontana Supreme Court · 1899
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3Cited by1 opinion
- Swansea Properties, Inc. v. HedrickCourt of Appeals of Arizona · 1966