Bergquist v. West Virginia-Wyoming Copper Co.
Wyoming Supreme Court
Error to the District Court, Carbon County; Hon. David H. Craig, Judge. The facts are stated in the opinion. The issue in an adverse suit is not which party can show the better title, but which, if either, can show right of possession, and to patent, as against the title of the government. (Iba v. Central Assn., 5 Wyo. 355; Slothower v. Hunter, 15 Wyo. 189; Providence &c.
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Error to the District Court, Carbon County; Hon. David H. Craig, Judge. The facts are stated in the opinion. The issue in an adverse suit is not which party can show the better title, but which, if either, can show right of possession, and to patent, as against the title of the government. (Iba v. Central Assn., 5 Wyo. 355; Slothower v. Hunter, 15 Wyo. 189; Providence &c. Co. v. Burke, 57 Pac. 643; Becker v. Pugh, 17 Colo. 243.) All the steps necessary to the valid location of a mining claim must, when the locator’s right is challenged, be established by proof outside of the location…
1Concurrence
Scott, Justice.
(Concurring.)
I concur in the conclusion reached in the opinion this day filed. The Merry Christmas location, upon the facts, falls clearly within the rule that a junior locator can not enter and initiate a valid location upon mining ground in the occupancy of and during the time allowed a prior discoverer to complete his location. The conclusion is predicated in the opinion upon a discussion of the notices posted at the shaft house of the old Little Joe, and, in my opinion, those notices should be construed in their true light in order that it may be made plain and thus avoid…
2Cases cited5 opinions
- Beals v. ConeSupreme Court of Colorado · 1900
- Strepey v. StarkSupreme Court of Colorado · 1884
- Abraham v. North German Ins. Co.U.S. Circuit Court for the District of Northern Iowa · 1889
- Treasury Tunnel, Mining & Reduction Co. v. BossSupreme Court of Colorado · 1903
- McMillen v. Ferrum Mining Co.Supreme Court of Colorado · 1903