Legal Opinion

Lockhart v. Johnson

Supreme Court of the United States

Decided May 13, 1901No. 147PublishedCited by 25 opinions

ERROR TO THE SUPRBMF. COURT OF THE TERRITORY OF HEW MEXICO: This was an action of ejectment brought by plaintiff in error to recover certain mining property in the Territory of New Mexico.

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ERROR TO THE SUPRBMF. COURT OF THE TERRITORY OF HEW MEXICO: This was an action of ejectment brought by plaintiff in error to recover certain mining property in the Territory of New Mexico. The declaration alleges tlnit the plaintiff, on July 10, 1893, was entitled to the possession of a certain mine, or deposit of mineral-bearing rock in place, situated in the Cocbiti mining district, in the county of Bernalillo and Territory of New Mexico, and that while so in possession the defendants, on October 1, 1893, entered into and upon the pi’emises and have ever since withheld the possession of the…

1Opinion of the CourtJustice Peckham

The first question to be determined in this casé is one which arises out of the facts set forth in the stipulation between the parties, and that is, Did the lands which the plaintiff claims to recover belong at the time of the location in 1893 to the United States within the meaning of section 2319, Revised Statutes, which provides that “ all valuable mineral deposits in land be-' longing to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the…

2Cases cited9 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. Newhall v. SangerSupreme Court of the United States · 1876
  3. Wolsey v. ChapmanSupreme Court of the United States · 1880
  4. Stoddard v. ChambersSupreme Court of the United States · 1844
  5. Hewitt v. SchultzSupreme Court of the United States · 1901

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

3Cited by25 opinions

  1. United States v. Midwest Oil Co.Supreme Court of the United States · 1915
  2. Lockhart v. LeedsSupreme Court of the United States · 1904
  3. Leonia Amusement Corp. v. Loew's Inc.District Court, S.D. New York · 1953
  4. Robert B. Lara v. The Secretary of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1987
  5. Wiggs v. City of AlbuquerqueNew Mexico Supreme Court · 1953

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

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