Van Zandt v. Argentine Mining Co.
U.S. Circuit Court for the District of Colorado
Action to recover possession of the Adelaide mining claim, in California District, Lake county, Colorado. Plaintiff offered evidence to prove that the claim was located by Walls and Powell, in the year 1875. As to marking the boundaries of the claim on the surface of the ground, and the finding of valuable ore in the discovery shaft, the evidence was slight; and defendant objected to plaintiff’s record title, on the ground that these facts were not shown.
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Action to recover possession of the Adelaide mining claim, in California District, Lake county, Colorado. Plaintiff offered evidence to prove that the claim was located by Walls and Powell, in the year 1875. As to marking the boundaries of the claim on the surface of the ground, and the finding of valuable ore in the discovery shaft, the evidence was slight; and defendant objected to plaintiff’s record title, on the ground that these facts were not shown. As there was some evidence on both points, the court held, that the paper title should be received. In the original certificate of location…
1Opinion of the CourtHallett, J.
The questions to be determined on the evidence relate to the plaintiff’s location, which he calls the Adelaide.
As to the work on the ground necessary to a valid location, the statute of the state provides, among other things, that a discovery shaft shall be sunk to the depth of at least ten feet, or deeper if necessary to find a well-defined crevice. And the Federal statute declares that no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
The position of the plaintiff is, that Walls and Powell, the locators of the Adelaide…
2Cited by14 opinions
- Strepey v. StarkSupreme Court of Colorado · 1884
- Zerres v. VaninaU.S. Circuit Court for the District of Nevada · 1905
- Morrison v. ReganIdaho Supreme Court · 1902
- Duggan v. DaveySupreme Court Of The Territory Of Dakota · 1886
- Kinney v. LundyArizona Supreme Court · 1907
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