Strickley v. Hill
Utah Supreme Court
Appeal from the Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. Action by plaintiffs in aid of a protest and adverse claim to mining ground. From a judgment for plaintiffs defendant appealed. “In the absence of proof that an alien has become a citizen of the United States, bis original status is presumed to continue.”
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Appeal from the Third District Court Salt Lake County. Hon. Ogden Hiles, Judge. Action by plaintiffs in aid of a protest and adverse claim to mining ground. From a judgment for plaintiffs defendant appealed. “In the absence of proof that an alien has become a citizen of the United States, bis original status is presumed to continue.” Hauenstein v. Lynham, 100 U. S. 483. On the question of location by an alien we cite the following authorities: Anthony v. Jilson, 83 Oal. 296; same case, 16 Morrison 27; Lee v. Justice Mining Co., 29 Pac. 1020 (Colo.); Golden Fleece Co. v. Cable Co., 12 Nev.…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The appellant contends, first, that the location of the Amazon No. 2 was void because made by aliens. That under Sec. 2319 Rev. Statutes of the United States, a location could only be made by a citizen of the United States, or those who had declared their intention to become such. Second, that the Amazon No. 2 was not originally located upon unoccupied mineral lands of the United States as now claimed. Third, that the lines between these properties were fixed by agreement of the parties in accordance with the new survey as now claimed, and should not be disturbed.
1. As…
3Cases cited16 opinions
- Boyd v. Nebraska Ex Rel. ThayerSupreme Court of the United States · 1892
- Manuel v. WulffSupreme Court of the United States · 1894
- Smith v. HamiltonMichigan Supreme Court · 1870
- Phillips v. MooreSupreme Court of the United States · 1879
- Hogan v. KurtzSupreme Court of the United States · 1877
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4Cited by7 opinions
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Hobson v. Panguitch Lake CorporationUtah Supreme Court · 1975
- State v. GriffinUtah Supreme Court · 1981
- Fissure Mining Co. v. Old Susan Mining Co.Utah Supreme Court · 1900
- G.S. Wood Mercantile Co., Reinc. v. DougallUtah Supreme Court · 1941
2 more not listed; retrieve them via the Exa API.