Nicholls v. Lewis & Clark Mining Co.
Idaho Supreme Court
APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action by plaintiffs in support of an adverse claim to establish the title to a certain mining claim called the “Senator.” Judgment for the plaintiffs and the defendant appealed. The locations of the respondents were so excessive in size as to be void.
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APPEAL from tbe District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action by plaintiffs in support of an adverse claim to establish the title to a certain mining claim called the “Senator.” Judgment for the plaintiffs and the defendant appealed. The locations of the respondents were so excessive in size as to be void. Where four locations as in this case are so excessive that they include within their exterior boundaries an area that is more than the law allows for nine full claims, the same are certainly void under the decisions of this court, and…
1Opinion of the CourtAilshie, J.
This is an adverse suit which was commenced by the respondents claiming to be the owners of the' Senator lode claim, with which it was alleged the Louis and Clark lode* claims conflicted. On September 4, 1905, "W. Z... Pepper, a prospector and the predecessor in interest of the-appellant corporation, discovered a vein of mineral-bearing-rock in the Hunter mining district, Shoshone county, and' thereupon posted two notices of location, one for the Louis; and the other for the Clark claim. The validity of the discovery is not questioned. At the time of making the discovery and posting the…
2Cases cited8 opinions
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
- Richmond Mining Co. v. RoseSupreme Court of the United States · 1885
- Burke v. McDonaldIdaho Supreme Court · 1890
- Hauswirth v. ButcherMontana Supreme Court · 1882
- Stemwinder Mining Co. v. Emma & Last Chance Consolidated Mining Co.Idaho Supreme Court · 1889
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3Cited by5 opinions
- Flynn Group Mining Co. v. MurphyIdaho Supreme Court · 1910
- Gerber v. WheelerIdaho Supreme Court · 1941
- Hayden Hill Consolidated Mining Co. v. Lincoln Mining Co.Idaho Supreme Court · 1945
- Adams v. Yukon Gold Co.District Court, D. Alaska · 1915
- Flynn Group Mining Co. v. MurphyIdaho Supreme Court · 1910