Price v. McIntosh
District Court, D. Alaska
This is a suit in ejectment to recover possession of a portion of a mining claim which is known to all parties to this action, and will be hereafter referred to as the “California Fraction.” Plaintiffs allege two sources of title. The first is derived through a placer mining location made on May 29, 1899, by one Thorolf Kjelsberg; and the second through a placer mining location upon the same ground made on August 18, 1900, by Magnus Kjelsberg.
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This is a suit in ejectment to recover possession of a portion of a mining claim which is known to all parties to this action, and will be hereafter referred to as the “California Fraction.” Plaintiffs allege two sources of title. The first is derived through a placer mining location made on May 29, 1899, by one Thorolf Kjelsberg; and the second through a placer mining location upon the same ground made on August 18, 1900, by Magnus Kjelsberg. The defendants claim title through a location of the California fraction by one E. G. Gould, made on August 22, 1900. By stipulation in ojien court, a…
1Opinion of the CourtWickersham, District Judge
(after stating the facts as above). Under the admitted facts in this case these questions arise for determination by the court: (i) Was Thorolf Kjelsberg’s placer location void because his notice of location called for a tract 1,320 feet long by 66o feet wide, while the stakes and monuments actually set by him at the corners of his claim inclosed a space described in the foregoing map 1,061 feet on the south line, 787 feet on the west line, 904 feet on the north line, and 777.7 feet on the east line? (2) *289Was it void as to the excess in width over 660 feet? (3) Was the junior location made by…
2Cases cited14 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Jennison v. KirkSupreme Court of the United States · 1879
- Eureka Consol. Min. Co. v. Richmond Min. Co.U.S. Circuit Court for the District of Nevada · 1877
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Bolte v. RainvilleSupreme Court of New Jersey · 1946
- McFarland v. Alaska Perseverance Mining Co.District Court, D. Alaska · 1907
- Redden v. HarlanDistrict Court, D. Alaska · 1905
- Bulette v. DodgeDistrict Court, D. Alaska · 1905