Maury

This suit was brought by appellee to quiet her title to certain mining claims in Montana, referred to as the “Colnbination Group.” She alleged that she was the owner and entitled to possession, and that the defendants were not in possession but were asserting title. In their answer, the defendants challenged her claims, asserted ownership, but admitted they were not in possession, and affirmatively alleged that plaintiff was out of possession. Such an action, whether plaintiff is in or out of possession, is expressly authorized by section 9479 of the Revised Godes of Montana 1923, and the controversy is undoubtedly one of equitable cognizance in the federal courts. Holland v. Challen, 110 U. S. 15 , 3 S. Ct. 495 , 28 L. Ed. 52 ; Dick v. Foraker, 155 U. S. 404 , 15 S. Ct. 124 , 39 L. Ed. 201 ; Lawson v. U. S. Mining Co., 207 U. S. 1 , 28 S. Ct. 15 , 52 L. Ed. 65 . As pointed out in this last case, Boston M. & M. Co. v. Montana O. P. Co., 188 U. S. 632 , 23 S. Ct. 434 , 47 L. Ed. 626 , is not to the contrary.

Briefly stating the facts underlying the controversy, it appears that prior to January 31, 1918, the Combination Group was owned by the Combination Mining & Milling Company, a…