Hyman v. Wheeler
U.S. Circuit Court for the District of Colorado
This was an action of ejectment, brought by David M. Hyman, of Cincinnati, Ohio, as the owner of the Durant mining claim, situate on Aspen mountain, near the town of Aspen, Pitldn county, Colorado, against J. B. Wheeler,, of New York city, and his co-defendants, as claimants of the Emma mining claim, situate on the west slope of the same mountain, on the ground that the defendant had sunk a shaft from the surface, and, by means of drifts, levels, and under-ground workings,…
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This was an action of ejectment, brought by David M. Hyman, of Cincinnati, Ohio, as the owner of the Durant mining claim, situate on Aspen mountain, near the town of Aspen, Pitldn county, Colorado, against J. B. Wheeler,, of New York city, and his co-defendants, as claimants of the Emma mining claim, situate on the west slope of the same mountain, on the ground that the defendant had sunk a shaft from the surface, and, by means of drifts, levels, and under-ground workings, had broken into, and unlawfully taken possession of, that portion of the Durant vein which, having its outcrop and apex…
1Opinion of the Court
Hallett, J.,
(charging jury.) The part which I have to perform in this extended discussion is very brief. I will read to you first section 2322 of the Revised Statutes of the United States, upon which the controversy in this suit is founded:
“The locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, oi ledge situated on the public domain, their heirs and assigns, where no adverse claim exists on tho tenth day of May, 1872, so long as they comply with the laws of the United Slates, and with state, territorial, and local regulations not in…
2Cited by15 opinions
- Grand Central Min. Co. v. Mammoth Min. Co.Utah Supreme Court · 1905
- Tague v. John Caplice Co.Montana Supreme Court · 1903
- Columbia Copper Mining Co. v. Duchess Mining, Milling & Smelting Co.Wyoming Supreme Court · 1905
- Lewiston Lime Co. v. BarneyIdaho Supreme Court · 1964
- Esselstyn v. United States Gold Corp.Supreme Court of Colorado · 1915
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