Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 11
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...and even if it was, it might be perfectly true in regard to a placer claim; but we submit that the rule is wholly different when referring to quartz mines. As having a bearing upon the case of Deflebaclc v. Hawke, we refer the court to the Colorado Coal Co. v. United States, 123 U. S. 327, and also Francoeur v. Newhouse, 40 Fed. Rep. 622. These cases do not in any manner affect the question as to what constitutes a vein, lode, or ledge, as given in authorities heretofore referred to. The mining laws are to be liberally construed. (Robertson v. Smith, 1 Mont. 410; Upton v. Larlcin, 7 Mont. 449.) The testimony of assays made after discovery are to be considered in determining whether a genuine discovery has been made or not. (Southern Cross Co. v. Europa Co. 15 Nev. 385.) II. The court finds as a conclusion of law that the plaintiffs are estopped by the deeds of Nelson and Koegel from asserting title to any part of the ground embraced in the Edna Lode, as was marked off and designated on the seventeenth day of August, 1889, and prior thereto. This is duly assigned as error by the appellants. (a) The respondent introduced a deed from Charles Koegel to Riggs and Bradley, dated the seventeenth day of August, 1889, in which he conveys to them "an undivided one-fourth interest in and to that certain piece or parcel of land known as the Edna Quartz Lode Mining Claim, situated in Cataract unorganized mining district, Jefferson County, Montana Territory. Said Edna Lode is fully described in the notice of location thereof which is recorded in the office of the county clerk and recorder of Jefferson County, Montana." No evidence was offered to explain this conveyance, and indeed none could have been lawfully offered, because it is plain...
- Paperback | 236 pages
- 189 x 246 x 13mm | 426g
- 13 Sep 2013
- Illustrations, black and white