Loney v. Scott
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Eakin. This is a suit by Samuel Loney, John B. Knight, Elmer B. Knight and Mary Knight, against Joseph C. Scott, and involves the right to the possession and ultimate ownership of three placer mining claims situated in the northwest portion of Umatilla County.
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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Eakin. This is a suit by Samuel Loney, John B. Knight, Elmer B. Knight and Mary Knight, against Joseph C. Scott, and involves the right to the possession and ultimate ownership of three placer mining claims situated in the northwest portion of Umatilla County. The N. W. 14 of the N. E. i/é, and the N. E. 14 of the N. W. 1/4, Section 8, Tp. 5 N., R. 30 E., W. M., in Umatilla County, which includes the land in controversy in this suit, together with 183 sections of adjacent lands, was by the Secretary of the Interior, on August 16,…
1Opinion of the CourtJustice Eakin
1. There are several important questions involved in determining plaintiff’s right to relief in this suit. First: It is contended by defendant that plaintiffs could not make a valid location upon land withdrawn from settlement. Withdrawals for forest reserves expressly reserve to the prospector all mineral deposits for mining exploration and location; but withdrawals made by the Secretary of the Interior, under the act of June 17, 1902, c. 1093, 32 Stat. 388 (U. S. Comp. St. Supp. 1909, p. 597), providing for irrigation projects, if made under the first form, that is, for “irrigation works,”…
2Cases cited16 opinions
- Shepley v. CowanSupreme Court of the United States · 1876
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Hutchings v. LowSupreme Court of the United States · 1873
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- Northern Pacific Railway Company v. SoderbergSupreme Court of the United States · 1902
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- Whittle v. WolffOregon Supreme Court · 1968
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