Bulette v. Dodge
District Court, D. Alaska
This' is a suit in equity to quiet title to bench placer mining claim No. 3, first tier above discovery, on the right limit of Dome creek, in the Fairbanks mining district, Alaska. The defendant Dodge located the claim on May 28, 1903, by marking thé boundaries and recording within the 90 days. A junior location was made by plaintiff by a similar marking and recording within 90 days.
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This' is a suit in equity to quiet title to bench placer mining claim No. 3, first tier above discovery, on the right limit of Dome creek, in the Fairbanks mining district, Alaska. The defendant Dodge located the claim on May 28, 1903, by marking thé boundaries and recording within the 90 days. A junior location was made by plaintiff by a similar marking and recording within 90 days. After his marking and recording, and in October, 1904, the plaintiff first took actual possession of the ground, and placed machinery thereon for sinking a discovery shaft through the deep layer of nonmineral…
1Opinion of the Court
WICKERSHAM, District Judge.
Three acts must necessarily concur to bring into existence a valid placer mining location : First, there must be such a marking of the boundaries, of the claim by stakes or other permanent monuments that they can be readily traced; second, a notice of the location, describing the claim with reasonable certainty, must be filed and recorded in the precinct where the claim lies within 90 days from the date of the discovery of the claim; and, third, a discovery of mineral must be made within the limits of the claim. Redden v. Harlan, 2 Alaska, 402. When these three acts…
2Cases cited11 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Atherton v. FowlerSupreme Court of the United States · 1878
- Campbell v. RankinSupreme Court of the United States · 1879
- Pool v. ButlerCalifornia Supreme Court · 1903
- Miller v. ChrismanCalifornia Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- McFarland v. Alaska Perseverance Mining Co.District Court, D. Alaska · 1907