Conkling Mining Co. v. Silver King Coalition Mines Co.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Utah; John A. Marshall, Judge. Suit to quiet title by the Conkling Mining Company against the Silver King Coalition Mines Company. Judgment for defendant, and plaintiff appeals.
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Appeal from the District Court of the United States for the District of Utah; John A. Marshall, Judge. Suit to quiet title by the Conkling Mining Company against the Silver King Coalition Mines Company. Judgment for defendant, and plaintiff appeals. This is a suit to quiet the title to an undivided three-fourths of the Conk-ling mining claim, and to recover of the defendant three-fourths of the value of the ore which it has removed from the Elephant stope beneath the surface of the Conkling claim. The parties to the suit admit that the plaintiff is the owner of the undivided three-fourths of…
1Per curiam
It is a general, but not a universal, rule that-monuments mentioned in a description of land prevail over courses and distances, and it was upon this rule that the defendant founded its first defense. The evidence produced to sustain it consisted of the field notes of the survey of the claim which were made on November 1, 1889, by the United States surveyor, which recited that a pine post 4 feet by 4 inches by 4 inches was set at its northwesterly comer and marked “U. S. 689 P. 3,” and another at the southwesterly corner of the claim marked “U. S. 689 P. 4,” that these posts were 1,500 feet…
2Cases cited12 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- King v. McAndrewsCourt of Appeals for the Eighth Circuit · 1901
- Rutherford v. TracySupreme Court of Missouri · 1871
- The "Edith."Supreme Court of the United States · 1877
- Lodge's Lessee v. LeeSupreme Court of the United States · 1810
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. Redondo Development Co.Court of Appeals for the Eighth Circuit · 1918
- Silver King Coalition Mines Co. v. Conkling Mining Co.Court of Appeals for the Eighth Circuit · 1919
- Schulder v. DicksonUtah Supreme Court · 1926
- Stratton v. BullerCourt of Appeals for the Eighth Circuit · 1920
- United States v. LouisianaDistrict Court, W.D. Louisiana · 1964
2 more not listed; retrieve them via the Exa API.