Kernan v. Andrus
District Court, D. Alaska
The following sketch shows the relative position of mining claims owned by plaintiff and defendants; plaintiff’s claims being shaded, to distinguish them from those claimed by the defendants: The plaintiff was _ one of the original discoverers of gold upon Chititu creek, in March, 1902, and located in his own name and has ever since owned and held claim No. 3 on Chititu, claim No. 11 on Chititu, claim No. 1 on Rex, and cláim No. 5 on White creek.
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The following sketch shows the relative position of mining claims owned by plaintiff and defendants; plaintiff’s claims being shaded, to distinguish them from those claimed by the defendants: The plaintiff was _ one of the original discoverers of gold upon Chititu creek, in March, 1902, and located in his own name and has ever since owned and held claim No. 3 on Chititu, claim No. 11 on Chititu, claim No. 1 on Rex, and cláim No. 5 on White creek. The plaintiff has also since that time acquired and now claims to own two bench claims on the right limit of said Chititu No. 11 and two bench…
1Opinion of the Court
BROWN, District Judge.
The plaintiff brought this action to enjoin defendants from interfering with the said •ditch, flume, and pipe line, or obstructing or diverting the waters flowing through the same. The defendants allege generally the right to the exclusive use and ownership of all of the waters-of said Chititu, Rex, and. White creeks, by reasons of their appropriation and use thereof upon the said mining claims owned by them.
*58The evidence shows that since about the year-1906 the defendants have conducted hydraulic mining operations upon their claims, from about 4 to 10, Chititu, and…
2Cases cited2 opinions
- Van Dyke v. Midnight Sun Mining & Ditch Co.Court of Appeals for the Ninth Circuit · 1910
- McFarland v. Alaska Perseverance Mining Co.District Court, D. Alaska · 1907
3Cited by1 opinion
- Paug-Vik, Inc. v. Wards Cove Packing Co.Alaska Supreme Court · 1981