CLAYTON BY MURPHY v. Atlantic Richfield Co.
Montana Supreme Court
1Opinion of the CourtJustice Harrison
This is an appeal from the District Court of the Second Judicial District of the State of Montana, for the County of Silver Bow. The appeal is from an order for summary judgment. We affirm.
The following facts are pertinent to this case.
The respondent (railroad) bought a right-of-way across property granted in 1892 to certain parties not essential to this lawsuit, on which were unpatented mining claims. The deeds were recorded in Silver Bow County, Montana. After obtaining the grants, the railroad constructed, operated, and maintained a railroad line which has been in the same geographical…
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