Dunlap v. Pattison
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The only point I desire to argue is the alleged error of the-court, in holding, under section 3104 of the Eevised Statutes of Idaho, and also section 3122, as similating the affidavits of placer-locations to the affidavits of lode locations, that no one but the-locator could make the affidavit accompanying the notice of location presented for record in the office of the county recorder.
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APPEAL from District Court, Shoshone County. The only point I desire to argue is the alleged error of the-court, in holding, under section 3104 of the Eevised Statutes of Idaho, and also section 3122, as similating the affidavits of placer-locations to the affidavits of lode locations, that no one but the-locator could make the affidavit accompanying the notice of location presented for record in the office of the county recorder. This construction of the literal language of the statute is too-narrow. In Schultz v. Keeler, 2 Idaho, 333, 13 Pae. 481, this court, as early as 1887, held that a…
1Opinion of the CourtMorgan, C. J.
Appellant claimed to own a consolidated placer mining claim in Eagle mining district, Shoshone county, Idaho, called the Noonday, Midnight, No. 9, and No. 10 placers, -and made application for patent; and thereupon the respondents, claiming to own the Roanoke and Break of Day placers, •conflicting almost entirely with No. 9 and No. 10 placers, filed iheir protest and adverse claim in the land office in Coeur •d’Alene City, Idaho, and within the statutory time brought this action, which is an adverse suit. The appellant answered the complaint, and denied the validity of the location of the…
2Cases cited3 opinions
- Oaks v. RodgersCalifornia Supreme Court · 1874
- Kramer v. SettleIdaho Supreme Court · 1873
- Schultz v. KeelerIdaho Supreme Court · 1887
3Cited by5 opinions
- Bentley v. BrossardUtah Supreme Court · 1908
- Brassey v. PeckIdaho Supreme Court · 1942
- State v. WilliamsIdaho Supreme Court · 1906
- Van Buren v. McKinletIdaho Supreme Court · 1901
- United States v. Dominion Oil Co.Court of Appeals for the Ninth Circuit · 1920