Montana Eastern Ltd. v. United States

Good Law
95 F.2d 897·1938 U.S. App. LEXIS 4249
United States Court of Appeals for the Ninth CircuitApril 4, 1938No. 8595California1,527 words

Opinion

Lead Opinion

Haney, J.

Appellant seeks to set aside a judgment rendered against it, and another, in the sum of $3,423.80, together with interest and costs.

Montana Eastern Limited, a Montana corporation, on November 3, 1930, entered into ten written contracts (hereinafter referred to as leases), pursuant to the Act of March 3, 1909, 25 U.S.C.A. § 396 , with divers allottees, who were wards of the government of the United States and members of thp Blackfeet Tribe.

By the terms of the leases there were devised to the appellant certain tracts of land in Pondera county, Mont.; the aggregate thereof being about 2,977.22 acres.

The provisions of the leases, which were executed on forms provided by the Department of the Interior, required appellant, commencing with the date of approval of the leases, “to pay as advance royalty the sum of fifteen cents per acre per annum in advance for the first and second years, thirty cents per acre per annum in advance for the third and fourth years and seventy-five cents per acre per annum in advance for the fifth year and one dollar per acre per annum in advance for each succeeding year during the term * * * ” of the lease. In addition to the aforesaid advance royalty,…

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