Samuel Freeman Miller

“ It appears from the evidence that, at the time these proceedings took place in the land-office, the smelting company was in possession as the tenant of the Wolvertons, and that the contract by which Mrs. Wolverton undertook, upon certain conditions, to convey all the right of the Wolverton heirs to the smelting company was made after the commencement of those proceedings. It might very well be maintained that, having thus commenced such proceedings, at a time when the possession was in the Wolvertons, they could be conducted to a termination in their name. ”

“ In the case before us, the defendants, Nichols and Fuller, having made their application for a patent for a placer mine, the plaintiffs in error, the widow and heirs of Nelson Wolverton, filed the requisite claim in the register's office, adverse to that of Nichols and Fuller, in due time, and afterwards, in compliance with the act of congress, instituted the present suit in the district court of Montana to determine the right of possession. ”

“ Silas F. King, now pending in the district court in and for Silver Bow county, have covenanted and agreed, and by these presents do covenant and agree, to convey, by a good and sufficient deed of conveyance, duly acknowledged, all that certain land bounded and described as follows: Beginning at a point on the easterly extremity of certain placer mining claims belonging to the estate of the said Nelson Wolverton, and located in Independence mining district, Silver Bow county, territory of Montana, in township No. ”