New Dunderberg Min. Co. v. Old
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. On .July 32, 1894, Robert O. Old and Ellen Old, the defendants in error, brought this action against the New Dunderberg Mining Company, a corporation, the plaintiff in error, to recover the possession of the Frostberg lode mining claim, survey lot No. Ill, which was 1,400 feet in length and 50 feet in width, and of all the lodes and veins of mineral the tops or apexes of which lay within the…
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In Error to the Circuit Court of the United States for the District of Colorado. On .July 32, 1894, Robert O. Old and Ellen Old, the defendants in error, brought this action against the New Dunderberg Mining Company, a corporation, the plaintiff in error, to recover the possession of the Frostberg lode mining claim, survey lot No. Ill, which was 1,400 feet in length and 50 feet in width, and of all the lodes and veins of mineral the tops or apexes of which lay within the exterior boundary lines of that claim. They alleged that they were the owners and entitled to the possession of the…
1Opinion of the CourtSanborn, Circuit Judge
The patent under which the defendants in error hold grants all the lodes or veins of ore the apexes of which are within the exterior boundaries of the Frostberg mining claim which it conveys;- and . the apex of the lode or vein in issue, at the place here in controversy, is within those boundaries. The patent to the Dunderberg claim, under which the plaintiff in error claims the title to the demanded premises, is couched in the same terms; but the apex of the vein in controversy, at the place in dispute, is not within the exterior boundaries of that claim. Upon the face of the patents,…
2Cases cited29 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- United States v. SchurzSupreme Court of the United States · 1880
24 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- United States v. Standard Oil Company of CaliforniaDistrict Court, S.D. California · 1937
- New Dunderberg Min. Co. v. OldCourt of Appeals for the Eighth Circuit · 1899
- United States v. EisenbeisCourt of Appeals for the Ninth Circuit · 1901
- Gulf, T. & W. Ry. Co. v. LunnCourt of Appeals of Texas · 1911
- Moore v. CormodeWashington Supreme Court · 1898
18 more not listed; retrieve them via the Exa API.