Sherlock v. Leighton
Wyoming Supreme Court
ERROR to tbe District Court, Fremont County, Hon. Charles W. BrAMel, Judge. This action was brought in the District Court, by George H. Leighton against Peter Sherlock for the possession of a mining claim in support of an adverse claim, said Sherlock having applied for a patent. Judgment was rendered for the plaintiff, and the defendant prosecuted error. The material facts are stated in the opinion.
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ERROR to tbe District Court, Fremont County, Hon. Charles W. BrAMel, Judge. This action was brought in the District Court, by George H. Leighton against Peter Sherlock for the possession of a mining claim in support of an adverse claim, said Sherlock having applied for a patent. Judgment was rendered for the plaintiff, and the defendant prosecuted error. The material facts are stated in the opinion. Work done outside of a claim or group of claims, if done for the purpose and as a means of prospecting or developing the claim, as in the case of tunnels, drifts, etc., is as available for holding…
1Opinion of the Court
Potter, Chief Justioe.
Plaintiff in error applied at the United States Land Office for a patent to the Cleveland Lode Mining Claim. Defendant in error filed a protest and adverse claim, and instituted this suit in support thereof to determine the ownership or right of possession, in pursuance of the provisions of Section 2326 of the Kevised Statutes of the United States.
The claim of defendant in error is based upon a location of the Dewey lode, July 11, 1898, covering practically the same ground as that included within the exterior boundaries of the Cleveland lode.
Plaintiff in error and his…
2Cases cited11 opinions
- Manuel v. WulffSupreme Court of the United States · 1894
- McFeters v. PiersonSupreme Court of Colorado · 1890
- Doon v. TeshCalifornia Supreme Court · 1885
- Mount Diablo Mill & Mining Co. v. CallisonU.S. Circuit Court for the District of Nevada · 1879
- Bradbury v. Idaho & Oregon Land Improvement Co.Idaho Supreme Court · 1886
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3Cited by7 opinions
- United States v. 9,947.71 Acres of Land, More or Less, in County of Clark, State of NevadaDistrict Court, D. Nevada · 1963
- Dean v. Omaha-Wyoming Oil Co.Wyoming Supreme Court · 1913
- Kramer v. TaylorOregon Supreme Court · 1954
- Hankins v. HelmsArizona Supreme Court · 1909
- Merchants' Nat. Bank v. McKeownOregon Supreme Court · 1911
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