Justice Mining Co. v. Lee
Supreme Court of Colorado
Appeal from the Court of Appeals. This case was brought into this court by appeal from a judgment of the court of appeals rendered in the case of Lee v. The Justice Mining Company, at the April term, 1892. See opinion, 2 Colo. App. 112. The record consists of the complaint and a demurrer thereto, which are fully set out in the statement of the case preceding that opinion.
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Appeal from the Court of Appeals. This case was brought into this court by appeal from a judgment of the court of appeals rendered in the case of Lee v. The Justice Mining Company, at the April term, 1892. See opinion, 2 Colo. App. 112. The record consists of the complaint and a demurrer thereto, which are fully set out in the statement of the case preceding that opinion. The complaint is in substance as follows That the plaintiff Lee, on the 20th day of May, 1887, made a valid location of the Aftermath lode mining claim. That on the 8th day of October, 1885, Edwin Doust, being then and ever…
1Opinion of the CourtJustice Goddaed
We think the learned judge who delivered the opinion of the court of appeals was in error in assuming that the record in the case presented a question as to the right of an alien to acquire by location a transferable interest in a mining claim. That question, under the facts presented, could not be raised by the plaintiff. While it is true that the mineral lands of the government are open to location and purchase only by a citizen of the United States, or one who has declared his intention to become such, and the fact of alienage, if raised at the proper time by any one adversely interested,…
2Cases cited3 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Doe Ex Dem. Governeur's Heirs v. RobertsonSupreme Court of the United States · 1826
3Cited by9 opinions
- People v. . CraneNew York Court of Appeals · 1915
- Calhoun Gold Mining Co. v. Ajax Gold Mining Co.Supreme Court of Colorado · 1899
- Carson City Gold & Silver Min. Co. v. North Star Min. Co.Court of Appeals for the Ninth Circuit · 1897
- Calvat v. FranklinSupreme Court of Colorado · 1932
- Duncan v. Eagle Rock Gold Mining & Reduction Co.Supreme Court of Colorado · 1910
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