Boardman v. Thompson
Montana Supreme Court
Appeal from Second District, Deer Lodge County. This action, to recover the possession of a quartz mining claim, was tried in the court below by Knowles, J. The plaintiff did not prove possession in himself in such way as to entitle him to maintain this action. Stalling a claim in the name of a company must be accompanied with evidence showing that the party so doing was agent or lessee. Overrma/ti S. M. Co. v. Am.
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Appeal from Second District, Deer Lodge County. This action, to recover the possession of a quartz mining claim, was tried in the court below by Knowles, J. The plaintiff did not prove possession in himself in such way as to entitle him to maintain this action. Stalling a claim in the name of a company must be accompanied with evidence showing that the party so doing was agent or lessee. Overrma/ti S. M. Co. v. Am. Mining Co., 7 Nev. 312. If entry is made in temporary absence of plaintiff he should attempt to re-enter or bring action as soon as he has knowledge of the fact. Silence gives…
1Opinion of the CourtWade, C. J.
This1 is an action under the Forcible Entry and Detainer Act, instituted by the plaintiff to recover the possession of a portion of the Original Quartz. lode, situate in the Summit Valley Mining District, Deer Lodge county.
Our statute, giving this action and defining its nature and extent, is in effect but declaratory of the common law, as modified *389by early parliamentary enactments and is as follows: “ Sec. 636. No person or persons shall hereafter make any entry into lands, tenements, or other possessions, or by entering upon any gulch mining claim, or any quartz mining lode claim, or other…
2Cases cited9 opinions
- Mitchell v. DavisCalifornia Supreme Court · 1863
- Brooks v. BruynIllinois Supreme Court · 1857
- Shelby v. HoustonCalifornia Supreme Court · 1869
- Conroy v. DuaneCalifornia Supreme Court · 1873
- Spalding v. MayhallSupreme Court of Missouri · 1858
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3Cited by5 opinions
- Sheehy v. FlahertyMontana Supreme Court · 1889
- Thomson v. ReynoldsUtah Supreme Court · 1918
- Brand v. ServossMontana Supreme Court · 1891
- Northern Pac. R. Co. v. CannonU.S. Circuit Court for the District of Montana · 1892
- State Ex Rel. Hamshaw v. Justice CourtMontana Supreme Court · 1939