Flynn Group Mining Co. v. Murphy
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. ¥m. W. Woods, Judge. An action brought in support of an adverse claim on application for a patent to a mining claim. Judgment for the defendant. The surface ground of a lode mining claim can only be of the length of 1,500 feet and width of 600 feet, but if the location exceeds that it is void only as to excess. (Burke v. McDonald, 2 Ida. 679, 33 Pac. 49, 13 Morr. Min. Rep. 325; 1 Lind.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. ¥m. W. Woods, Judge. An action brought in support of an adverse claim on application for a patent to a mining claim. Judgment for the defendant. The surface ground of a lode mining claim can only be of the length of 1,500 feet and width of 600 feet, but if the location exceeds that it is void only as to excess. (Burke v. McDonald, 2 Ida. 679, 33 Pac. 49, 13 Morr. Min. Rep. 325; 1 Lind. Mines, 2d ed., sec. 362; Snyder on Mines, 398; Stem-winder Min. Go. v. Emma Min, Go., 2 Ida. 456, 21 Pac. 1040; Jupiter…
1Opinion of the CourtSullivan, C. J.
This is an action in support of- an adverse claim under the provisions of U. S. Rev. Statutes, sec. 2326. It appears that in June, 1908, the respondent, Murphy, claiming to be the owner of the Murphy Fraction lode, situated in Lelande Mining District, Shoshone county, made application for a patent therefor in the United States land office at Coeur d’Alene, to which application the appellant, the Flynn Group Mining Co., which will hereafter be referred to as the mining company or the appellant, filed its adverse claim, and thereafter on October 6, 1908, commenced this action in support of said…
2Cases cited11 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
- Burke v. McDonaldIdaho Supreme Court · 1890
- Morrison v. ReganIdaho Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Nelson v. SmithNevada Supreme Court · 1918
- Globe Mining Co. v. AndersonWyoming Supreme Court · 1957
- Hedrick v. LeeIdaho Supreme Court · 1924
- Independence Placer Mining Co. v. HellmanIdaho Supreme Court · 1941
- Allen v. LaudahnIdaho Supreme Court · 1938
20 more not listed; retrieve them via the Exa API.