Manuel v. Wulff
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OF MONTANA. This was an action in the ordinary form of a contest between two claimants of a quartz lode mining claim u-pon the lands of the United States to determine the right to proceed in the United States land office for patent therefor.
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ERROR TO THE SUPREME COURT OE THE STATE OF MONTANA. This was an action in the ordinary form of a contest between two claimants of a quartz lode mining claim u-pon the lands of the United States to determine the right to proceed in the United States land office for patent therefor. Moses Manuel, defendant below, made application in the land office at Helena, Montana, for a patent for the Marshal Ney lode mining claim, which application Iver Wulff, plaintiff below, adversely contested, basing his contest upon his right to the premises by. virtue of their location and possession as the Columbia…
1Opinion of the CourtChief Justice Fullee
The Supreme Court of Montana recognized the settled rule that an alien may take and hold land by purchase until office found, and that, if the alien become a citizen before his alienage has been adjudged, the act of naturalization takes effect by relation; but held that “possessory rights to mining claims on the public domain of the United States,” although “ endowed with the qualities of real estate to a high degree,” did not come within that rule.
The argument was that as by statute mineral lands are not open to exploration, occupation, or purchase by aliens, but only by citizens of the…
2Cases cited8 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- Forbes v. GraceySupreme Court of the United States · 1877
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
3 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Wilbur v. United States Ex Rel. KrushnicSupreme Court of the United States · 1930
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- Mott v. ClineCalifornia Supreme Court · 1927
- White Star Mining Co. v. HultbergIllinois Supreme Court · 1906
- St. Louis Mining & Milling Co. v. Montana Mining Co.Supreme Court of the United States · 1898
58 more not listed; retrieve them via the Exa API.