Brewster v. Shoemaker
Supreme Court of Colorado
Appeal from, the District Court of San Miguel County. The action concerns a strip of ground in conflict between the Boot Jack and Contention lode mining claims situate in San Miguel county. The Boot Jack is the earlier location in point of time. When its owners (defendants) applied in the land office for a patent, plaintiff,the owner of the Contention lode, filed his adverse therein, and brought this action in its support.
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Appeal from, the District Court of San Miguel County. The action concerns a strip of ground in conflict between the Boot Jack and Contention lode mining claims situate in San Miguel county. The Boot Jack is the earlier location in point of time. When its owners (defendants) applied in the land office for a patent, plaintiff,the owner of the Contention lode, filed his adverse therein, and brought this action in its support. The facts material to the present controversy may thus be stated: The location of the Contention lode was made on May 1, 1898. No question is raised as to its validity,…
1Opinion of the CourtChief Justice Campbell
Upon this appeal, two questions only are important, and, as stated by appellant’s counsel, they are:
1. Can a location admittedly void, because of an absence of a valid discovery of- mineral, but regular in all other respects, be made good by a subsequent valid discovery of mineral within the limits of the location, made before the rights of third parties attach but after the filing of the location certificate and all acts of location have been performed?
2. May a location of a valid mining claim be based upon an under ground discovery of mineral made upon the dip of the vein at a distance of…
2Cases cited12 opinions
- Beals v. ConeSupreme Court of Colorado · 1900
- Strepey v. StarkSupreme Court of Colorado · 1884
- Armstrong v. LowerSupreme Court of Colorado · 1882
- Upton v. LarkinMontana Supreme Court · 1888
- Larkin v. UptonSupreme Court of the United States · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sharkey v. CandianiOregon Supreme Court · 1905
- Healey v. RuppSupreme Court of Colorado · 1906
- New Mercur Mining Co. v. South Mercur Mining Co.Utah Supreme Court · 1942
- Treasury Tunnel, Mining & Reduction Co. v. BossSupreme Court of Colorado · 1903
- Barker v. CondonMontana Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.