Electro-Magnetic M. & Development Co. v. Van Auken
Supreme Court of Colorado
Appeal from District Court of Clear Creeik County. The appellees were the plaintiffs below. The complaint alleges, in substance, that on April 1, A. D. 1881, the premises known as the “ Willamette Lode ” was part of the public mineral domain of the United States, and open to location; and that on said date Sarah J. Arden, Charles E. Lombard and William Olmsted began to sink a discovery shaft thereon, and on May 10, A. D. 1881, discovered a well-defined crevice, at a depth of…
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Appeal from District Court of Clear Creeik County. The appellees were the plaintiffs below. The complaint alleges, in substance, that on April 1, A. D. 1881, the premises known as the “ Willamette Lode ” was part of the public mineral domain of the United States, and open to location; and that on said date Sarah J. Arden, Charles E. Lombard and William Olmsted began to sink a discovery shaft thereon, and on May 10, A. D. 1881, discovered a well-defined crevice, at a depth of more than ten feet from the lowest rim at the surface; that on May 12, A. D. 1881, they marked the boundaries, .etc.,…
1Opinion of the CourtElbert, J.
Section 7, General Laws, 630, provides that “any open cut, cross-cut or tunnel, which shall cut-a lode at the depth of ten feet below the surface, shall hold such lode, the same as if a discovery shaft were *206sunk thereon; or an adit of at least ten feet in, along the lode, from the point where the lode may be in any manner discovered, shall be equivalent to a discovery shaft.”
In the case of Gray v. Truby, 6 Colo. 278, it was held that while the open cut, cross-cut or tunnel must cut the lode at the depth of ten feet below the surface, there was no such requirement in the case of an adit; that…
2Cases cited1 opinion
- Gray v. TrubySupreme Court of Colorado · 1882
3Cited by3 opinions
- Harding v. PeopleSupreme Court of Colorado · 1887
- Brewster v. ShoemakerSupreme Court of Colorado · 1900
- Craig v. ThompsonSupreme Court of Colorado · 1887