Legal Opinion

Patterson v. Tarbell

Oregon Supreme Court

Decided June 28, 1894PublishedCited by 4 opinions

Appeal from Baker: Morton D. Clifford, Judge. This is a suit to determine the right to the possession of certain surface ground included within the boundaries of both the Collateral quartz mining claim, located and owned by the plaintiffs, and the Palmer quartz mining claim, located and owned by the defendants, in Baker County, Oregon.

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Appeal from Baker: Morton D. Clifford, Judge. This is a suit to determine the right to the possession of certain surface ground included within the boundaries of both the Collateral quartz mining claim, located and owned by the plaintiffs, and the Palmer quartz mining claim, located and owned by the defendants, in Baker County, Oregon. There is no material controversy about the facts, and, in substance, they are that in February, eighteen hundred and ninety-one, defendant Tarbell obtained permission from the owner of the Virtue mining claim to prospect within the boundaries of said claim for…

1Opinion of the Court

Opinion by

Mr. Justice Bean.

*31The notice posted by the defendants and the stakes put up by them in March cut no particular figure in this case, because it is not claimed that these acts amounted to a valid location, but the contention for the defendants is that the first discoverer of a lode or vein of rock in place bearing precious metals has a reasonable time after the discovery in which to trace out and determine the direction or course of such vein or lode before locating his claim, and, in the mean time, is protected in his right to fifteen hundred feet of surface ground in length along the…

2Cases cited12 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. Erhardt v. BoaroSupreme Court of the United States · 1885
  3. Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
  4. Hopkins v. NoyesMontana Supreme Court · 1883
  5. Belk v. MeagherMontana Supreme Court · 1878

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Sanders v. NobleMontana Supreme Court · 1899
  2. Johnson v. RyanNew Mexico Supreme Court · 1939
  3. Wright v. LyonsOregon Supreme Court · 1904
  4. Union Mining & Milling Co. v. LeitchWashington Supreme Court · 1901

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