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HARVEY v. HAVENER

No. 9807.

340 P.2d 1084 (1959)

Sam HARVEY, Nellie E. Harvey, T. M. Crook, John D. Gillan, Philip J. Harvey, Robert J. Reed and Helen M. Reed, Plaintiffs and Appellants, v. John H. HAVENER, Sarah C. Havener, Harry R. Stephens, Frank E. Mitchell, Jean A. Brown, Jessie M. Brown, W. R. Churchill, M. L. Mummey, Ralph L. Modic, and all other persons unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrance upon the real property described in this complaint, or any thereof, adverse to plaintiffs' ownership, or any cloud upon plaintiffs' title, whether such claim or possible claim be present or contingent, including any claims or possible claim of dower, inchoate or accrued, Defendants and Respondents.

Supreme Court of Montana.

Decided June 24, 1959.

Attorney(s) appearing for the Case

John D. Gillan, Havre, for appellant.

D.J. Sias, Chinook, Harry R. Stephens, Belle Fourche, S.D., Ralph J. Anderson, Helena. Ralph J. Anderson argued orally, for respondents.

CASTLES, Justice.

This is an appeal from a judgment of the district court of Blaine County, in which judgment the court adjudged that the defendants had a valid mining claim in their Mitch No. 33 superior to the plaintiffs' Ajax and War Bonnet claims.

The mining claims involved are all located in the east half of Section 21, Township 33 north, Range 22 east in Blaine County. Both parties located placer claims for bentonite. The location of the claims with...

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