El Paso Brick Co. v. McKnight
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OP THE TERRITORY OF NEW MEXICO. In proceedings brought by McKnight to try the right of possession to conflicting mining locations, it appeared that the defendant, the El Paso Brick Company, was in possession of the Aluminum International and Hortense claims, constituting what was known as the Aluminum group of placer mines.
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APPEAL PROM THE SUPREME COURT OP THE TERRITORY OF NEW MEXICO. In proceedings brought by McKnight to try the right of possession to conflicting mining locations, it appeared that the defendant, the El Paso Brick Company, was in possession of the Aluminum International and Hortense claims, constituting what was known as the Aluminum group of placer mines. It held under locations made prior to January, 1903. In 1905 the company decided to apply for a patent to the land which embraced about 411 acres. Accordingly, on August 2, 1905, it filed with the Register of the land office at Las Cruces,…
1Opinion of the CourtJustice Lamar
McKnight brought suit against, the El Paso Brick Company to try the right of possession to conflicting mining locations. In his complaint he asserted his own title and attacked that of the Defendant under locations older in date but which he claimed had been forfeited by failure to do the annual assessment work for 1903 and 1904, thereby leaving the land open to the locations made by McKnight in 1905 and 1906. The Brick Company, while insisting that the plaintiff’s own evidence proved that the assess- merit work had in fact been fully performed, relied on the legal effect of the company’s…
2Cases cited5 opinions
- Cornelius v. KesselSupreme Court of the United States · 1888
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Parsons v. VenzkeSupreme Court of the United States · 1896
- United States v. Marshall Silver Mining Co.Supreme Court of the United States · 1889
- Dahl v. RaunheimSupreme Court of the United States · 1889
3Cited by16 opinions
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- Patrick A. McKenna v. Fred A. Seaton, Secretary of the Interior, and John C. De Armas, Jr.Court of Appeals for the D.C. Circuit · 1958
- Butte & Superior Copper Co. v. Clark-Montana Realty Co.Court of Appeals for the Ninth Circuit · 1918
- Marathon Oil Co. v. LujanDistrict Court, D. Colorado · 1990
- Crabtree v. MeasdayNew Mexico Court of Appeals · 1973
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