Swanson v. Kettler
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. Edward A. Walters,. Judge. Application for patent to mineral ground by appellant. Respondent adverses. Judgment for respondent. A relocation under the law is merely a new location of ground formerly held but abandoned. When one claim is abandoned and another located-, all rights are -determined with reference to the new location.
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APPEAL from the District Court of the Fourth Judicial District, for Blaine County. Hon. Edward A. Walters,. Judge. Application for patent to mineral ground by appellant. Respondent adverses. Judgment for respondent. A relocation under the law is merely a new location of ground formerly held but abandoned. When one claim is abandoned and another located-, all rights are -determined with reference to the new location. (Cheesman v. Shreeve, 40 Fed. 787; Van Valkenburg v. Suff, 1 Nev. 142; Lavagnino v. JJhligr 198 U. S. 443, 25 Sup. Ct. 716, 49 L. ed. 1119.) No rights being claimed by the Emma…
1Opinion of the CourtStewart, J.
— On January 10, 1908, Nancy M. Kettler filed the field-notes and a diagram of the survey of Malta No. 1 mining claim, and also an application for a patent for said mining claim, in the United States land office at Hailey, and caused the register of said office to give notice of said application for patent by publication as required by law, and within the sixty days period of publication the plaintiff filed in said land office a protest and adverse claim as provided by see. 2326 of the Rev. Stat. of the United States, and within the time provided by said section brought this action for the…
Also in this document: Concurrence.
2Cases cited21 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Beals v. ConeSupreme Court of Colorado · 1900
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3Cited by12 opinions
- De Cloedt v. De CloedtIdaho Supreme Court · 1913
- Swanson v. SearsSupreme Court of the United States · 1912
- Independence Placer Mining Co. v. HellmanIdaho Supreme Court · 1941
- Rooney v. BarnetteCourt of Appeals for the Ninth Circuit · 1912
- Bergquist v. West Virginia-Wyoming Copper Co.Wyoming Supreme Court · 1910
7 more not listed; retrieve them via the Exa API.