Thompson v. Underwood
Supreme Court of Arkansas
Appeal from Polk Circuit Court; J. S. Lake, J udge; ,1. The court erred in refusing defendant’s request for a directed verdict because (1) plaintiff failed to prove that the property claimed was unappropriated Government lands at the time of his attempted location. TJ. S. Rev. St., § 2319; (2) plaintiff had leased the claims to J. D. Budd and his 'associates for twenty-five years before this suit for possession and had no right to sue for possession.
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Appeal from Polk Circuit Court; J. S. Lake, J udge; ,1. The court erred in refusing defendant’s request for a directed verdict because (1) plaintiff failed to prove that the property claimed was unappropriated Government lands at the time of his attempted location. TJ. S. Rev. St., § 2319; (2) plaintiff had leased the claims to J. D. Budd and his 'associates for twenty-five years before this suit for possession and had no right to sue for possession. (3) The notices posted and recorded do not contain a sufficiently definite description of the claims as to render them capable of identification…
1Opinion of the CourtHumphreys, J.
On September 18, 1918, appellee instituted suit against appellant in the Polk Circuit Court to recover possession of lands in Polk County, under alleged valid mining location claims. In substance, it was alleged in the complaint that the lands claimed were unappropriated Government lands in May, 1918, at which time appellee and I. H. Howard located two manganese mining claims on said lands in accordance with law, and designated them as claim No. 2 on the Ada lode, and claim No. 7 on the Orvil lode; that the mining claim location notices posted on the Ada manganese lode and filed with the…
2Cases cited1 opinion
- Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
3Cited by3 opinions
- Ewert v. RobinsonCourt of Appeals for the Eighth Circuit · 1923
- Shope v. SimsAlaska Supreme Court · 1983
- Dye v. Duncan, Dieckman & Duncan Mining Co.District Court, W.D. Arkansas · 1958