Pioneer Mining Co. v. Bannack Gold Mining Co.
Montana Supreme Court
Appeals from District Court, Beaverhead County; Joseph C. Smith, Judge. Action by tbe Pioneer Mining Company against the Bannack Gold Mining Company. From a judgment for defendant and from order denying a motion for a new trial, plaintiff appeals. At the time appellant’s title was conveyed from the ancestor, the ancestor owned all the realty of appellant and respondent, but not the mill or its' machinery or appurtenances.
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Appeals from District Court, Beaverhead County; Joseph C. Smith, Judge. Action by tbe Pioneer Mining Company against the Bannack Gold Mining Company. From a judgment for defendant and from order denying a motion for a new trial, plaintiff appeals. At the time appellant’s title was conveyed from the ancestor, the ancestor owned all the realty of appellant and respondent, but not the mill or its' machinery or appurtenances. At that time there was a flume connecting the end of the North Side Ditch (which end was not on appellant’s ground) with the mill (which was not on appellant’s ground). The…
1Opinion of the Court
MB. CHIEF COMMISSIONEB POOBMAN
prepared the opinion for the court.
This is an action in ejectment. Yerdict and judgment for defendant. Plaintiff appeals from the judgment and from an order overruling its motion for a new trial. The acts of defendant complained of appear in the statement.
At the times mentioned in the complaint plaintiff was the owner of certain mill sites and placer claims, or parts thereof, described in the complaint, including the Junction mill site, the French mill site, and the South Side placer. The defendant owned certain lands northwest of and adjoining the lands of…
2Cases cited8 opinions
- Lessee of Ewing v. BurnetSupreme Court of the United States · 1837
- Lampman v. . MilksNew York Court of Appeals · 1860
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Taylor v. . MillardNew York Court of Appeals · 1890
- Martin v. MurphyIllinois Supreme Court · 1906
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3Cited by19 opinions
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- Shammel v. VoglMontana Supreme Court · 1964
- Stetson v. YoungquistMontana Supreme Court · 1926
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