Robertson v. Smith
Montana Supreme Court
Appeal from the Third District, Meagher County. The judgment in this action was rendered in July, 1871, by Wade, J. The other facts are stated in the opinion. Persons mining on the public domain before the act of congress of July 26, 1866, were trespassers and could have no possessory rights.
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Appeal from the Third District, Meagher County. The judgment in this action was rendered in July, 1871, by Wade, J. The other facts are stated in the opinion. Persons mining on the public domain before the act of congress of July 26, 1866, were trespassers and could have no possessory rights. Yale on Water Rights, 331-334; United States v. Gear, 3 How. 120 ; Cotton v. United States, 11 id. 229. The act of congress of July 26, 1866, expressly reserves from possessory rights granted to miners the right of way over the public domain for roads. 14 U. S. Stat. 253, § 8. The legislature can lay out…
1Opinion of the CourtKnowles, J.
This cause comes to this court on appeal from an order granting an injunction restraining the defendants from laying out and maintaining a highway over certain mining claims belonging to the plaintiffs. It appears from the record, that plaintiffs and their grantors have claimed and possessed a mining interest in these claims since A. D. 1865. That they are in possession of them now, and that they have expended quite a sum of money in opening and in preparing to work the same. That defendants, Ford, Keene and Sterling, are the county commissioners of Meagher county, and as such had laid out a…
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