Butte & Superior Copper Co. v. Clark-Montana Realty Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. As between those asserting prior rights to vein areas and ore bodies situated such as are those here in controversy, the question of priority of location is one of naked fact — just ás it would have been before the patent entry. Creede & Cripple Creek Mining Co. v. Uinta Tunnel Mining Co., 196 U. S. 337; Last Chance Mining Co. v. Tyler Mining Co., 61. Fed.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. As between those asserting prior rights to vein areas and ore bodies situated such as are those here in controversy, the question of priority of location is one of naked fact — just ás it would have been before the patent entry. Creede & Cripple Creek Mining Co. v. Uinta Tunnel Mining Co., 196 U. S. 337; Last Chance Mining Co. v. Tyler Mining Co., 61. Fed. Rep. 557; Hickey v. Anaconda Mining Co., 33 Montana, 46. But a patent may not be used to create a false priority wherewith to destroy…
1Opinion of the CourtJustice McKenna
A contest between mining claims as to the right to the ores that may be not only inside the surface lines of the claims but outside their vertical side lines — dip of extra-lateral rights. • It was commenced in the United States District Court for- the District of Montana by a bill filed therein by the appellees Clark-Montana Realty Company .and Elm Orlu Mining Company against appellant Butte & Superior Copper Company, Limited, under a statute of Montana authorizing an action to be brought by any person against another who claims an estate or interest in real property adverse to him, for the…
2Cases cited15 opinions
- Taylor v. AndersonSupreme Court of the United States · 1914
- Joy v. St. LouisSupreme Court of the United States · 1891
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Lawson v. United States Mining Co.Supreme Court of the United States · 1907
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3Cited by53 opinions
- Walling v. General Industries Co.Supreme Court of the United States · 1947
- ætna Life Ins. Co. v. KeplerCourt of Appeals for the Eighth Circuit · 1941
- District of Columbia v. PaceSupreme Court of the United States · 1944
- Ford M. Converse v. Stewart L. Udall, Secretary of the InteriorCourt of Appeals for the Ninth Circuit · 1969
- Johnson v. UmstedCourt of Appeals for the Eighth Circuit · 1933
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