McShane v. Kenkle
Montana Supreme Court
Appeal from Sixth Judicial District, Meagher County. Action in adverse claim. The case was tried before Henhy, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This is an adverse claim suit, brought under section 2326 of the Revised Statutes of the United States, to determine the right of possession to certain premises in conflict.
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Appeal from Sixth Judicial District, Meagher County. Action in adverse claim. The case was tried before Henhy, J. Plaintiff had judgment below. Statement of the case by the justice delivering the opinion. This is an adverse claim suit, brought under section 2326 of the Revised Statutes of the United States, to determine the right of possession to certain premises in conflict. Plaintiffs’ adverse claim is founded upon a quartz location called the “ Grafton Lode,” made May 12, 1891. Defendants’ claim is founded upon a quartz location called the ‘ ‘ Silver Safe Lode, ’ ’ located December 10,…
1Opinion of the Court
HuNT, J. —
-The principal question in this case turns upon the instructions. The court, after stating to the jury that three steps are indispensable to a valid location of a mining claim, — to-wit: (1) A discovery; (2) a marking of the boundaries; and (3) a record, — charged in relation to a discovery as follows :
‘ ‘On this point you are advised that, to make a discovery, the would-be locator must have found a vein, or crevice of mineral-bearing quartz, rock, or ore in place, with at least one well defined wall. A vein or crevice is said to exist.when ore is. found within defined boundaries,…
2Cases cited3 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Trevaskis v. PeardCalifornia Supreme Court · 1896
- Montana Cent. Ry. Co. v. MigeonU.S. Circuit Court for the District of Montana · 1895
3Cited by10 opinions
- Tanner v. SmithMontana Supreme Court · 1934
- Walton v. Wild Goose Mining & Trading Co.Court of Appeals for the Ninth Circuit · 1903
- Shoshone Min. Co. v. RutterCourt of Appeals for the Ninth Circuit · 1898
- Cocke v. Vacuum Oil Co.Court of Appeals for the Fifth Circuit · 1933
- Sanders v. NobleMontana Supreme Court · 1899
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