Moore v. Brown
New York Supreme Court
Appeal from circuit court, Essex county. Action by William Moore against Simeon Brown. The complaint alleged that in January 1890, George H. Wood and Adolphus Shields, citizens of this state, discovered a garnet mine upon lands belonging to the people of the state, in the town of Minerva, (describing the lands,) being about six acres; that previous to December 23, 1890, they duly filed in the office of the secretary of state a notice of said discovery, with a description of…
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Appeal from circuit court, Essex county. Action by William Moore against Simeon Brown. The complaint alleged that in January 1890, George H. Wood and Adolphus Shields, citizens of this state, discovered a garnet mine upon lands belonging to the people of the state, in the town of Minerva, (describing the lands,) being about six acres; that previous to December 23, 1890, they duly filed in the office of the secretary of state a notice of said discovery, with a description of said lands, and on said December 23, 1890, they filed with the commissioners of the land-office a petition that consent…
1Opinion of the CourtLandon, J.
Chapter 411, Laws 1890, amending 1 Rev. St. p. 281, §§ 2, 7, provides that all mines, minerals, and fossils discovered, or hereafter to be discovered, upon any lands belonging to the people of the state, are the property of the people. “Any citizen of this state who shall have discovered or who may hereafter discover any valuable mine or mineral upon said lands, and shall file the notice in this title required, shall be entitled to work such mine, and he and his heirs and assigns shall have the sole benefit of all products therefrom, upon payment into the state treasury of a royalty of two…
2Cases cited10 opinions
- Clark v. MarsigliaCourt for the Trial of Impeachments and Correction of Errors · 1845
- Dawley v. . BrownNew York Court of Appeals · 1880
- Child v. . ChappellNew York Court of Appeals · 1853
- Lord v. . ThomasNew York Court of Appeals · 1876
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
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3Cited by1 opinion
- Armstrong v. Lake Champlain Granite Co.New York Court of Appeals · 1895