McKenzie v. Moore
Arizona Supreme Court
APPEAL from a judgment of the Superior Courts of the County of Cochise. Alfred C. Lockwood, Judge. STATEMENT OP PACTS BY THE COURT. This action was commenced to restrain acts of trespass alleged to have been committed and threatened by the appellee on appellant’s Stockton mining location, and to recover damages for trespasses already committed.
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APPEAL from a judgment of the Superior Courts of the County of Cochise. Alfred C. Lockwood, Judge. STATEMENT OP PACTS BY THE COURT. This action was commenced to restrain acts of trespass alleged to have been committed and threatened by the appellee on appellant’s Stockton mining location, and to recover damages for trespasses already committed. The plaintiff pleads ownership acquired by the valid location of a mining claim pursuant to the mining laws of the United States and of the state of Arizona, and continued possession of the premises covered by such alleged mining claim. The defendant…
1Opinion of the CourtCunningham, C. J.
(After Stating the Facts as Above). Without any doubt, the law is that a mineral location to be valid for any purpose must be made- upon unappropriated government land open to location, in which mineral has actually been discovered in place. Until the actual discovery of mineral in place, all acts tending to consummate a valid mineral location give the locator no right other than the right to continue a reasonable search for mineral. The time given by the local statute of this state within which the location is required to be completed is limited to ninety days after the discovery of mineral…
Also in this document: Concurrence.
2Cases cited1 opinion
- Howard v. PerrinSupreme Court of the United States · 1906
3Cited by15 opinions
- Maricopa County Municipal Water Conservation District Number One v. Southwest Cotton Co.Arizona Supreme Court · 1931
- England v. Ally Ong HingArizona Supreme Court · 1969
- Fourzan v. CurtisArizona Supreme Court · 1934
- Jarvis v. State Land Department, City of TucsonArizona Supreme Court · 1969
- George v. GistArizona Supreme Court · 1928
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