Bergquist v. West Virginia-Wyoming Copper Co.
Wyoming Supreme Court
Error to the District Court, Carbon County; Hon. David H. Craig, Judge. The facts are stated in the opinion. The issue in an adverse suit is not which party can show the better title, but which, if either, can show right of possession, and to patent, as against the title of the government. (Iba v. Central Assn., 5 Wyo. 355; Slothower v. Hunter, 15 Wyo. 189; Providence &c.
Read the full summary
Error to the District Court, Carbon County; Hon. David H. Craig, Judge. The facts are stated in the opinion. The issue in an adverse suit is not which party can show the better title, but which, if either, can show right of possession, and to patent, as against the title of the government. (Iba v. Central Assn., 5 Wyo. 355; Slothower v. Hunter, 15 Wyo. 189; Providence &c. Co. v. Burke, 57 Pac. 643; Becker v. Pugh, 17 Colo. 243.) All the steps necessary to the valid location of a mining claim must, when the locator’s right is challenged, be established by proof outside of the location…
1Opinion of the Court
Potter, Chiee Justice.
This is an action for the possession of certain mining ground situated in the Upper Platte and Battle Lake Mining-District, in Carbon County in this State, and is brought in .support of an adverse claim filed by the plaintiffs upon the ■application of the defendant for a patent to certain claims •embracing the ground in controversy. Upon a trial in the District Court, without á jury, there was a general finding in favor of the defendant and against the plaintiffs, and a judgment to the effect that the defendant is entitled to the possession of the premises by virtue of a…
2Cases cited25 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Manuel v. WulffSupreme Court of the United States · 1894
- Noyes v. MantleSupreme Court of the United States · 1888
- Strepey v. StarkSupreme Court of Colorado · 1884
20 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rasmussen Drilling, Inc., a Colorado Corporation Licensed to Do Business in Wyoming v. Kerr-Mcgee Nuclear Corporation and Kerr-Mcgee CorporationCourt of Appeals for the Tenth Circuit · 1978
- Independence Placer Mining Co. v. HellmanIdaho Supreme Court · 1941
- Saunders v. HorneckerWyoming Supreme Court · 2015
- Snyder v. Colorado Gold Dredging Co.Court of Appeals for the Eighth Circuit · 1910
- Hagerman v. ThompsonWyoming Supreme Court · 1951
5 more not listed; retrieve them via the Exa API.