Redden v. Harlan
District Court, D. Alaska
On June 19, 1904, plaintiffs, Redden and Dempsey, respectively, set stakes and claimed placer mining.claims Nos. 8 and 9 below discovery on Cripple Creek, in the Fairbanks mining district, Alaska, and by filing their location notices within the time limited by law. They made no discovery of mineral on either claim at any time. On May 10, 1905, defendants formed an association of eight persons for the purpose of locating a tract of mining land of 160 acres.
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On June 19, 1904, plaintiffs, Redden and Dempsey, respectively, set stakes and claimed placer mining.claims Nos. 8 and 9 below discovery on Cripple Creek, in the Fairbanks mining district, Alaska, and by filing their location notices within the time limited by law. They made no discovery of mineral on either claim at any time. On May 10, 1905, defendants formed an association of eight persons for the purpose of locating a tract of mining land of 160 acres. On the 10th they posted a notice of location of the “Midway Placer Claim” of 160 acres, including therein the two claims above mentioned.…
1Opinion of the Court
WICKERSHAM, District Judge.
Three acts are necessary to the perfection of a valid placer mining location or entry in Alaska: (1) A discovery of mineral on the ground covered by the location; (2) a marking of its boundaries so that they can be readily traced; and (3) a filing of the notice of location for record in the recording district in which the claim is situated within 90 days from the date of the discovery of the-claim. As between the United States and the locator it is generally immaterial in what order these necessary acts are-performed. The marking of the boundaries may precede…
2Cases cited8 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Nevada Sierra Oil Co. v. Home Oil Co.U.S. Circuit Court for the District of Southern California · 1899
- Doe v. Waterloo Min. Co.Court of Appeals for the Ninth Circuit · 1895
- Eilers v. BoatmenSupreme Court of the United States · 1884
- Ellers v. BoatmanUtah Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bulette v. DodgeDistrict Court, D. Alaska · 1905
- Likaits v. JohnsonDistrict Court, D. Alaska · 1914
- Sutherland v. PurdyCourt of Appeals for the Ninth Circuit · 1916