Enterprise Mining Co. v. Rico-Aspen Consolidated Mining Co.
Supreme Court of the United States
CERTIORARI TO THE COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This case involves the construction of Rev. Stat. § 2323, which reads as follows: “ Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have- the right of possession of all veins or lodes within 3000 feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered…
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CERTIORARI TO THE COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This case involves the construction of Rev. Stat. § 2323, which reads as follows: “ Where a tunnel is run for the development of a vein or lode, or for the discovery of mines, the owners of such tunnel shall have- the right of possession of all veins or lodes within 3000 feet from the face of such tunnel on the line thereof, not previously known to exist, discovered in such tunnel, to the same extent as if discovered from the surface; and locations on the line of such tunnel of veins or lodes not appearing on the surface, made by…
1Opinion of the Court
Me. Justice Beewee,
after stating the case, delivered the. opinion of the court.
It will be observed that so far as the mere location of the two claims, Vestal and Jumbo No. 2, the former was prior in time to the latter, and would, if there were no other facts, give priority of right to the ore within the limits of the conflicting territory. The tunnel was, however, located some eight or nine months before the discovery and location of the Vestal claim, and the statute gives to the owners of such tunnel the right to “ all veins .or lodes within 3000 feet from the face of such tunnel on the line…
2Cases cited2 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- United States v. AlexanderIdaho Supreme Court · 1888
3Cited by12 opinions
- Creede & Cripple Creek Mining & Milling Co. v. Uinta Tunnel Mining & Transportation Co.Supreme Court of the United States · 1905
- Calhoun Gold Mining Co. v. Ajax Gold Mining Co.Supreme Court of Colorado · 1899
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
- Mares v. DillonMontana Supreme Court · 1904
- Lewiston Lime Co. v. BarneyIdaho Supreme Court · 1964
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