Omar v. Soper
Supreme Court of Colorado
Appeal from District Court of Bqulder County. This is a contention between claimants of the same mineral lode or vein; the appellants, who were defendants below, calling it the “Golden Bell,” and the appellees the “Verde.”
Read the full summary
Appeal from District Court of Bqulder County. This is a contention between claimants of the same mineral lode or vein; the appellants, who were defendants below, calling it the “Golden Bell,” and the appellees the “Verde.” One of the appellants, Joseph Omar, with one Harry Clark, discovered the Golden Bell on February 24, 1883. They immediately posted a notice at the point of discovery, containing the name of the lode, the date of discovery, and that they claimed one thousand feet northeasterly, and five hundred, feet southwesterly, from the point of discovery, and seventy-five feet on each…
1Opinion of the CourtBeck, C. J.
The first and second paragraphs of the petition filed for rehearing state the substantial grounds relied upon by the appellees in the arguments upon the rehearing. They are as follows: ‘‘ (1) The decision seems to be based upon the ground that appellees’ discovery shaft was sunk upon appellants’ claim, a valid subsisting claim, and therefore void. The court erred, in that the discovery of the Verde was made on unoccupied public domain, but it became, by reason of the survey, an overlapping claim on the Golden Bell. (2) The court erred in deciding that the abandonment of the so-called Golden…
2Cases cited8 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Mining Co. v. TaylorSupreme Court of the United States · 1879
- Mallett v. Uncle Sam Gold & Silver Mining Co.Nevada Supreme Court · 1865
- Lebanon Mining Co. v. Consolidated Republican Mining Co.Supreme Court of Colorado · 1882
- McGinnis v. EgbertSupreme Court of Colorado · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Board of County Commissioners v. LunneySupreme Court of Colorado · 1909
- Sanders v. NobleMontana Supreme Court · 1899
- Zerres v. VaninaU.S. Circuit Court for the District of Nevada · 1905
- Tripp v. Silver Dyke Mining Co.Montana Supreme Court · 1924
- Marshall v. Harney Peak Tin Mining, Milling & Manuf'g Co.South Dakota Supreme Court · 1890
11 more not listed; retrieve them via the Exa API.