Thallmann v. Thomas
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Colorado. The Nellie lode mining claim, situated in the state of Colorado, is owned by the complainants, Ernest Thallmann and Hamilton F. Kean. It extends in a westerly direction from its eastern boundary up the side of a precipitous mountain, which has in some places a slope of 35°, for a distance of 1,308 feet, and its width is 300 feet.
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Appeal from the Circuit Court of the United States for the District of Colorado. The Nellie lode mining claim, situated in the state of Colorado, is owned by the complainants, Ernest Thallmann and Hamilton F. Kean. It extends in a westerly direction from its eastern boundary up the side of a precipitous mountain, which has in some places a slope of 35°, for a distance of 1,308 feet, and its width is 300 feet. It was patented on July 18, 1890, and in the summer of 1898 the complainants were taking ore from it, and had driven some of their tunnels across its north line into adjoining territory…
1Opinion of the CourtSanborn, Circuit Judge
The first objection which counsel for the complainants urge to the decree below is that the defendant knew that the complainants were in possession of the half acre here in controversy when he made his entry upon it, and that in consequence of this possession and knowledge his location is void. This proposition rests upon the fact that Thomas worked in the mine of complainants for a few weeks in the winter preceding his entry in June, 1898, and that he probably suspected, if he did not know, that they had run their tunnels through'and taken some ore from this tract of land north of the line…
2Cases cited21 opinions
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Belk v. MeagherSupreme Court of the United States · 1881
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Johnson v. TowsleySupreme Court of the United States · 1871
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
16 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Harrison v. FiteCourt of Appeals for the Eighth Circuit · 1906
- United States v. Mammoth Oil Co.Court of Appeals for the Eighth Circuit · 1926
- Standard Oil Co. of Colorado v. Standard Oil Co.Court of Appeals for the Tenth Circuit · 1934
- Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.Court of Appeals for the Ninth Circuit · 1904
- Bailey v. Lisle Mfg. Co.Court of Appeals for the Eighth Circuit · 1916
27 more not listed; retrieve them via the Exa API.