Legal Opinion

McMillen v. Ferrum Mining Co.

Supreme Court of the United States

Decided April 3, 1905No. 185PublishedCited by 9 opinions

ERROR TO- THE SUPREME COURT OP THE STATE OP COLORADO. By this writ of error it is sought to review a judgment of the Supreme Court of Colorado, affirming a judgment of the District Court of Lake County in favor of the Ferrum Mining Company in a proceeding brought by the plaintiffs in error under Rev. Stat. sec. 2326 to determine the right of possession to certain mining grounds, plaintiffs claiming title as owners of the Eulalia lode mining claim and the defendant claiming…

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ERROR TO- THE SUPREME COURT OP THE STATE OP COLORADO. By this writ of error it is sought to review a judgment of the Supreme Court of Colorado, affirming a judgment of the District Court of Lake County in favor of the Ferrum Mining Company in a proceeding brought by the plaintiffs in error under Rev. Stat. sec. 2326 to determine the right of possession to certain mining grounds, plaintiffs claiming title as owners of the Eulalia lode mining claim and the defendant claiming title to the same ground as the Golden Rod lode mining claim. The case was tried before the court and a jury, resulting…

1Opinion of the CourtJustice Brown

In their amended complaint the plaintiffs averred that in the location and record of the Eulalia lode mining claim their grantor had complied with the laws of the United States, the laws of Colorado and the rules and regulations;of miners in. the district, with reference to the discovery, location and appropriation of said Eulalia mining claim. They did not question the validity of the state statutes, which prescribe certain acts as necessary to a valid location, but set up a compliance with them, and contended that the defendant did not establish a valid location.

Plaintiffs d,id not claim by…

2Cases cited8 opinions

  1. Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
  2. Mallett v. North CarolinaSupreme Court of the United States · 1901
  3. Miller v. TexasSupreme Court of the United States · 1894
  4. Blackburn v. Portland Gold Mining Co.Supreme Court of the United States · 1900
  5. Butte City Water Co. v. BakerSupreme Court of the United States · 1905

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3Cited by9 opinions

  1. Disconto Gesellschaft v. UmbreitSupreme Court of the United States · 1908
  2. Paraiso v. United StatesSupreme Court of the United States · 1907
  3. Consolidated Turnpike Co. v. Norfolk & Ocean View Railway Co.Supreme Court of the United States · 1913
  4. McCorquodale v. TexasSupreme Court of the United States · 1908
  5. Romero v. People of Puerto RicoCourt of Appeals for the First Circuit · 1950

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