Campbell v. Ellet
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF COLORADO. On September 18, 1872, George C. Corning and Other citizens of the United States located a tunnel site. They diligently prosecuted the work of excavation, expending therein one hundred thousand dollars.
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ERROR TO THE SUPREME COURT OF THE STATE OF COLORADO. On September 18, 1872, George C. Corning and Other citizens of the United States located a tunnel site. They diligently prosecuted the work of excavation, expending therein one hundred thousand dollars. On February 3, 1875, the Corning Tunnel Company, a corporation duly organized, was the owner of this tunnel location by sundry mesne ■ conveyances from the locators thereof, and said tunnel company, while prosecuting the work of excavation, cut and discovered within the tunnel and upon the line thereof, at a distance of 594 feet from its…
1Opinion of the CourtJustice Beewbe
In the case just decided of Enterprise Mining Co. v. Rico- Aspen Consolidated Mining Co., ante, 108, we have considered the law in respect to mining tunnels. Beyond what was there disposed of only a single question requires consideration, and that is, does the failure to mark on the surface of the ground the point of discovery and the boundaries of the tract claimed destroy the right of the tunnel owner to the veihs he has discovered in the tunnel ?
It will be noticed that the tunnel company posted at the mouth of the tunnel a notice of its discovery of this lode, and the extent of its claim…
2Cited by5 opinions
- Calhoun Gold Mining Co. v. Ajax Gold Mining Co.Supreme Court of Colorado · 1899
- Calhoun Gold Mining Co. v. Ajaz Gold Mining Co.Supreme Court of the United States · 1901
- Brewster v. ShoemakerSupreme Court of Colorado · 1900
- Gaines v. StateCourt of Criminal Appeals of Texas · 1922
- Butte Consolidated Mining Co. v. BarkerMontana Supreme Court · 1907