65 F. 329 | U.S. Circuit Court for the District of Montana | 1894
In this case complainant commenced an action to quiet title. He sets forth that he located the premises
There is another point that: I have not discussed in this case. The complainant has only a placer mining right. This may he only a license to work the ground located or it may amount to an easement This I do not decide. Whatever the right, is, it can only he acquired in public land, not in land that is already patented. Davis’ Adm’r v. Weibbold, supra. But, admit that complainant has this license or easement, with only such a title can he institute proceedings to annul a patent of the United States to this ground? I think not. I do not think he has sufficient interest in the land to justify him in maintaining such an action as this. He has only a very limited interest in the land, if any, and only to the extent his interest is interfered with can he maintain a suit to remove a cloud therefrom or to quiet a, title thereto. If only a license, as some authorities maintain, he would have no such'interest, for he would have no title to be quieted. The demurrers in this case are sustained, and the hill dismissed, at complainant’s costs.