Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This case is before' this court on questions certified by the Court of Appeals for "the-Eighth Circuit.
Read the full summary
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE EIGHTH CIRCUIT. This case is before' this court on questions certified by the Court of Appeals for "the-Eighth Circuit. The facts stated are as follows: The appellant is the owner in fee of the Del Monte Lode mining claim, located in the Sunnyside mining district, Mineral County, Colorado, for which- it holds a patent bearing date February 3, 1894, pursuant to an entry made at the local land office on February 27, 1893. The appellee is the owner of the Last Chance Lode mining claim, under patent dated July 5, 1894, based on an entry of…
1Opinion of the CourtJustice Brewer
• The questions thus presented are not only important but difficult, involving as they do the construction of the statutes of the United States in respect to mining claims. As leading up to a clearer understanding of those statutes it may be well to notice the law in existence prior thereto. The general rule of the common law was that whoever had the fee of the soil owned all below the surface, and this common law is the general law of the States and Territories-of the United States, and, in the absence of specific statutory provisions or contracts, the simple inquiry as to. the extent of…
2Cases cited20 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Belk v. MeagherSupreme Court of the United States · 1881
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Forbes v. GraceySupreme Court of the United States · 1877
- Broder v. Water Co.Supreme Court of the United States · 1879
15 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Donnelly v. United StatesSupreme Court of the United States · 1913
- Brown v. Humble Oil & Refining Co.Texas Supreme Court · 1935
- Ohio Oil Company v. IndianaSupreme Court of the United States · 1900
- Union Oil Co. of Cal. v. SmithSupreme Court of the United States · 1919
- The United States v. The Northern Paiute NationUnited States Court of Claims · 1968
80 more not listed; retrieve them via the Exa API.