Aspen Mining & Smelting Co. v. Rucker

The question presented in this case arises on exceptions to the answer. The action is one for partition of a mining claim. The bill alleges that complainant is the owner and in possession of eleven-twolftlis of the Emma lode mining claim, and that the defendants are owners of the other one-twelfth. The answer admits the ownership as alleged, but avers that no patent has ever been issued, and that the fee-simple title still remains in the government. To this one exception runs. In other words, the contention of defendant is that, inasmuch as the fee of the property remains in the government,…