SILVER JET MINES, INC. v. SCHWARK

No. 83-196.

682 P.2d 708 (1984)

SILVER JET MINES, INC., a Mont. corp., Plaintiff, Respondent & Cross-Appellant, v. Franklin SCHWARK, Defendant and Appellant.

Supreme Court of Montana.

Decided May 17, 1984.


Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Paul C. Meismer, Missoula, for defendant and appellant.

Baxter, Fletcher & Hanson, Robert L. Fletcher, Thompson Falls, for plaintiff, respondent & cross-appellant.


HARRISON, Justice.

This action was brought by Silver Jet Mines, Inc. to quiet title in itself to four unpatented lode mining claims in the Burns Mining District in Sanders County, Montana which are also claimed by Franklin Schwark. Title to three of the claims was found to be in Schwark and the fourth in Silver Jet. Schwark appeals as to the claim quieted to Silver Jet and Silver Jet cross appeals as to the remaining three.

Silver Jet is the successor in interest...

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