Fant v. Tandy
Montana Supreme Court
Appeal from District Court, Lewis and Clarke County. The grant to the Northern Pacific company does not convey to the company any mineral lands. Section 3 of the act incorporating the company provides that all mineral lands be and the same are excluded from the operation of the act. 13 U. S. Stats. 364. The exterior boundaries of the grant to the company were determined by locating the general route of the road.
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Appeal from District Court, Lewis and Clarke County. The grant to the Northern Pacific company does not convey to the company any mineral lands. Section 3 of the act incorporating the company provides that all mineral lands be and the same are excluded from the operation of the act. 13 U. S. Stats. 364. The exterior boundaries of the grant to the company were determined by locating the general route of the road. Northern Pacific R. R. Co. v. Lilly, 6 Mont. 65. But the grant does not attach to the appropriate sections until it has been ascertained what lands are mineral and what are…
1Opinion of the CourtMcLeary, J.
This controversy arose in the United States land-office at Helena, by the application of Tandy and others for a patent to the land in dispute as a placer mining claim. This application was adverse to Fant, and under the United States statute, this suit was brought to determine the question whether or not the mineral patent should issue. The case was tried before the court without a jury, and on findings of fact and conclusions of law made by the court, judgment was rendered in favor of the plaintiff, from which this appeal was taken. The court, in rendering judgment, also delivered an oral…
2Cases cited2 opinions
- Montana R'y Co. v. WarrenMontana Supreme Court · 1887
- Griswold v. BoleyMontana Supreme Court · 1872
3Cited by7 opinions
- Newell v. MeyendorffMontana Supreme Court · 1890
- Menard v. Montana Central Railway Co.Montana Supreme Court · 1899
- Authier v. Bennett Bros.Montana Supreme Court · 1895
- Rodoni v. LytleMontana Supreme Court · 1893
- State ex rel. Mutual Benefit Life Insurance v. First Judicial District CourtMontana Supreme Court · 1895
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