Hirschler v. McKendricks
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarke County. Action to quiet title to mining property. Plaintiffs’ motion for a new trial was denied by Buck, J. Statement of the case by the justice delivering the opinion. This action was brought by plaintiffs to quiet their alleged title to certain mining premises. They claim the premises under the location of the Bose Cleveland claim. The defendant was asserting title to the ground under the location of the Clements claim.
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Appeal from First Judicial District, Lewis and Clarke County. Action to quiet title to mining property. Plaintiffs’ motion for a new trial was denied by Buck, J. Statement of the case by the justice delivering the opinion. This action was brought by plaintiffs to quiet their alleged title to certain mining premises. They claim the premises under the location of the Bose Cleveland claim. The defendant was asserting title to the ground under the location of the Clements claim. The Bose Cleveland was located by plaintiffs’ predecessors January 1, 1889. The Clements was located by defendant…
1Opinion of the CourtDe Witt, J.
As to the construction of the words “resuming work,” as found in section 2324, Bev. St. U. S., we will not again review the decisions. We are satisfied with the con*213elusion reached in Honaker v. Martin, 11 Mont. 91, as announced in the opinion by Mr. Chief Justice Blake. In that case, after reviewing the authorities, the court said : ££ When, therefore, he availed himself of the statutory privilege of resuming work to preserve his estate from forfeiture, we hold that he should have prosecuted the same with reasonable diligence, until the requirement for the annual labor and improvements had…
2Cases cited1 opinion
- Honaker v. MartinMontana Supreme Court · 1891
3Cited by4 opinions
- McKay v. McDougallMontana Supreme Court · 1901
- Worthen v. SidwaySupreme Court of Arkansas · 1904
- Anderson v. Anvil Hydraulic Co.District Court, D. Alaska · 1908
- James Stewart Co. v. CattanyCourt of Appeals of Arizona · 1982