Pioneer Mining Co. v. Pacific Coal Co.
District Court, D. Alaska
Plaintiff brings this action under section 475 of the Alaska Code of Civil Procedure, setting up title by virtue of a placer mining location made on the 3d day of January, 1899, in the Cape Nome recording district, district of Alaska, and known as Bench No. 1 Moonlight creek, near Moonlight springs, and giving a surveyed description by metes and bounds, courses and distances, and claiming to be in the possession of said mining claim, and that defendants, and each of them,…
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Plaintiff brings this action under section 475 of the Alaska Code of Civil Procedure, setting up title by virtue of a placer mining location made on the 3d day of January, 1899, in the Cape Nome recording district, district of Alaska, and known as Bench No. 1 Moonlight creek, near Moonlight springs, and giving a surveyed description by metes and bounds, courses and distances, and claiming to be in the possession of said mining claim, and that defendants, and each of them, claim an estate and interest in said premises adverse to plaintiff, the extent and nature of which adverse claims are to…
1Opinion of the Court
MURANE, District Judge.
It will be seen from the statement of the pleadings that Bench No. 1 on Moonlight creek, the location under which plaintiff claims, was made on the 3d day of January, 1899, and that the Grant location, under which defendants claim, was made on the 9th day of January, 1899; that plaintiff’s location is prior in point of time appears from the pleadings and was not controverted during the trial. Pláintiff’s location being prior in point of time, if when made included the ground in controversy, the defendants’ location, in so far as it conflicted, would be absolutely void.…
2Cases cited31 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Waldron v. HarveyWest Virginia Supreme Court · 1904
- O'Hara v. ParkerOregon Supreme Court · 1895
- Redfield v. ParksSupreme Court of the United States · 1889
- Ripley v. SeligmanMichigan Supreme Court · 1891
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3Cited by2 opinions
- United States Smelting Refining & Mining Co. v. LoweDistrict Court, D. Alaska · 1947
- Concerned Citizens of South Kenai Peninsula v. Kenai Peninsula BoroughAlaska Supreme Court · 1974