Lowry v. Silver City Gold & Silver Mining Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. On January 1,1889, the Wheeler Lode mining claim, a claim 1500 feet in length by 600 feet in width, was duly located on mineral lands situated in the Tintic mining district, Juab County, Utah. The title to the claim passed to the defendant in error, and its right thereto was kept alive by regular performance of the prescribed annual work.
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ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. On January 1,1889, the Wheeler Lode mining claim, a claim 1500 feet in length by 600 feet in width, was duly located on mineral lands situated in the Tintic mining district, Juab County, Utah. The title to the claim passed to the defendant in error, and its right thereto was kept alive by regular performance of the prescribed annual work. On February 8,1897, it leased this claim to two of the plaintiffs in error, Lowry and De Witt, for eighteen months, and those lessees went into possession and continued work on the mine. On June 4,1897, the…
1Opinion of the CourtJustice Brewer
This was plainly an attempt on the part of the plaintiffs in error — two of whom were lessees of the defendant in error— under the forms of law to appropriate to themselves property which for years had been in the unchallenged possession of the defendant in error, and upon which it had expended many hundreds of dollars. That such attempt was unsuccessful in the courts is no more than was to be expected.
The Supreme Court of the State placed its decisions upon two grounds: First, that although the Evening Star claim included the original discovery shaft of the Wheeler claim, it did not thereby…
2Cases cited3 opinions
- Eustis v. BollesSupreme Court of the United States · 1893
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- De Lamar's Nevada Gold Mining Co. v. NesbittSupreme Court of the United States · 1900
3Cited by7 opinions
- Enterprise Irrigation District v. Farmers Mutual Canal Co.Supreme Court of the United States · 1917
- Golden Giant Mining Co. v. HillNew Mexico Supreme Court · 1921
- Ranchers Exploration and Development Co. v. Anaconda Co.District Court, D. Utah · 1965
- Tonopah & Salt Lake Min. Co. v. Tonopah Min. Co. of NevadaU.S. Circuit Court for the District of Nevada · 1903
- Bell Telephone Co. v. Van DykeSupreme Court of the United States · 1935
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