Wright v. Town of Hartville
Wyoming Supreme Court
Error to the District Court, Laramie County, Hon. Rici-i-akd H. Scott, Judge. Suit brought by the Town of Hartville in support of an adverse claim against the issuance of a patent for a mining claim. The plaintiff claimed under a townsite patent. The material facts are stated in the opinion. When it is necessary to allege certain ultimate facts in a pleading, they must be proven by proper evidence.
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Error to the District Court, Laramie County, Hon. Rici-i-akd H. Scott, Judge. Suit brought by the Town of Hartville in support of an adverse claim against the issuance of a patent for a mining claim. The plaintiff claimed under a townsite patent. The material facts are stated in the opinion. When it is necessary to allege certain ultimate facts in a pleading, they must be proven by proper evidence. It is incumbent upon an adverse claimant to a mining claim to make out a prima facie case; and a prima facie case is not made out by simply proving his own location or possession. A townsite patent…
1Opinion of the Court
Van Orsdel, Justice.
This is a proceeding instituted in the District Court of Laramie County by defendant in error, plaintiff below, under the provisions of Section 2326, Revised Statutes U. S., in support of an adverse claim filed by defendant in error *503in the United States Rand Office at Cheyenne, Wyoming, against the issuance of a patent to the plaintiffs in error, defendants below, for the Jehosephat lode mining claim, located within the corporate limits of the town of Hart-ville. It appears that on the 19th day of April, 1902, a patent was issued by the United States to Joseph J.…
2Cases cited3 opinions
- Iron Silver Mining Co. v. CampbellSupreme Court of the United States · 1890
- Richmond Mining Co. v. RoseSupreme Court of the United States · 1885
- Le Fevre v. AmonsonIdaho Supreme Court · 1905
3Cited by6 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Nevada Exploration & Mining Co. v. SpriggsUtah Supreme Court · 1912
- Dredge Corp. v. PeccoleNevada Supreme Court · 1980
- Heckman v. MumfordDistrict Court, D. Alaska · 1911
- Lane v. CameronCourt of Appeals for the D.C. Circuit · 1916
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