Enterprise Min. Co. v. Rico-Aspen Consolidated Min. Co.
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. The appellant, the Enterprise Mining Company, a corporation, is the owner of Dio Croup tunnel, a tunnel mining claim, under section 4 of the “Act to promote the development of the mining resources of the United States,” of May 10, 1872 (17 Stat. 93, c. 152; Itev.
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Appeal from the Circuit Court of the United States for the District of Colorado. The appellant, the Enterprise Mining Company, a corporation, is the owner of Dio Croup tunnel, a tunnel mining claim, under section 4 of the “Act to promote the development of the mining resources of the United States,” of May 10, 1872 (17 Stat. 93, c. 152; Itev. St. § 2323). It discovered a blind vein in this tunnel, which was not known to exist when the tunnel site was located or when the excavation of the tunnel was commenced. This vein is called (he Jumbo No. 2 vein, and it crosses one corner of Die Vestal…
1Opinion of the CourtSanborn, Circuit Judge
Three questions are presented by this case: (1) Are the owners of a valid tunnel mining claim, under section 4 of the act to promote mining of May 10, 1872 (17 Stat. 92, c. 152; Rev. St. § 2323), who have discovered a blind vein in their tunnel, and have duly located and claimed it, entitled, as against the owners of a lode mining claim located from the surface after the location of the tunnel site, but before the discovery of the vein in the tunnel, to the possession of the vein or lode thus discovered, when such vein was not known to exist prior to the location of the tunnel, but was first…
2Cases cited11 opinions
- Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877
- Iron Silver Mining Co. v. CampbellSupreme Court of the United States · 1890
- Branagan v. DulaneySupreme Court of Colorado · 1885
- Kannaugh v. Quartette Mining Co.Supreme Court of Colorado · 1891
- Lee v. StahlSupreme Court of Colorado · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- High Country Citizens Alliance v. ClarkeCourt of Appeals for the Tenth Circuit · 2006
- Erwin v. PeregoCourt of Appeals for the Eighth Circuit · 1899
- Lewiston Lime Co. v. BarneyIdaho Supreme Court · 1964
- Uinta Tunnel Min. & Transp. Co. v. Creede & Cripple Creek Min. & Mill. Co.Court of Appeals for the Eighth Circuit · 1902
- Gillis v. DowneyCourt of Appeals for the Eighth Circuit · 1898
1 more not listed; retrieve them via the Exa API.