Silver King Coalition Mines Co. v. Conkling Mining Co.
Supreme Court of the United States
CERTIORARI TO . AND APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Review of a decree of the Circuit Court of Appeals, which reversed a decree of the District Court dismissing a bill to establish title to a body of ore as within the plaintiff’s patented mining claim and to obtain an account for ore extracted.
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CERTIORARI TO . AND APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. Review of a decree of the Circuit Court of Appeals, which reversed a decree of the District Court dismissing a bill to establish title to a body of ore as within the plaintiff’s patented mining claim and to obtain an account for ore extracted. The case is stated in the opinion, p. 159. The Court of Appeals was in error in holding that, the language of the Conkling patent is such that the calls for 1500 feet forbid the reception of any evidence, even of the Conkling field notes, to show the actual positions of…
1Opinion of the Court
Mr. -Justice Holmes
delivered the opinion of the court.
This is a bill in equity brought by the respondent, the Conkling Mining Company, in order to establish its right to a large body of ore found under the southwesterly 135.5 feet of its patent as laid out by courses and distances, and to obtain an account from the petitioner, which has mined the ore, making a claim of right on its side. The District Court dismissed/the bill. .The decree was reversed by the Circuit Court of Appeals. 230 Fed. Rep. 553. Thereupon a writ of certiorari was granted by this Court. 250 U. S. 655. A short statement…
2Cases cited5 opinions
- Heath v. WallaceSupreme Court of the United States · 1891
- Waskey v. HammerSupreme Court of the United States · 1912
- McIver Lessee v. WalkerSupreme Court of the United States · 1819
- El Paso Brick Co. v. McKnightSupreme Court of the United States · 1914
- Grand Central Mining Co. v. Mammoth Mining Co.Utah Supreme Court · 1909
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- United States v. State Inv. Co.Court of Appeals for the Eighth Circuit · 1922
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