Fissure Mining Co. v. Old Susan Mining Co.
Utah Supreme Court
Appeal from the Fifth District Court Juab County. Hon. E. V. Higgins, Judge. Action to determine an adverse right to certain mining ground. From a judgment for defendant, plaintiff appealed.
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Appeal from the Fifth District Court Juab County. Hon. E. V. Higgins, Judge. Action to determine an adverse right to certain mining ground. From a judgment for defendant, plaintiff appealed. The location of the General Sheridan tunnel was not made in accordance with the law. 1 Lindley on Mines, Secs. 472, 475; Land Office Regulations, 20-26; 2 Lind-ley on Mines, p. 1189. The only tie in the Franklin notice is to the Clift, and the only reference in the Clift notice to any natural object or permanent monument is as follows: “This claim shall be known as the Clift Mining Claim and was known as…
1Opinion of the CourtMiner, J.
This, action was brought to determine the adverse right to certain mining claims, by the appellant against the respondent, and to obtain a patent under Sec. 2326 R. S. U. S. The appellant claims the Fissure and Contrary lodes which were located in June and July, 1896, respectively. The respondent claims the General Sheridan Tunnel site located in 1892, on what is called the Calumet *442claim, and which in its cóurse crosses the Franklin, Calumet and Clift claims. Respondent also claims the Franklin lode claim located in 1893, the Calumet located in 1899, and the Calumet No. 1, located in 1899,…
2Cases cited5 opinions
- Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
- Wilson v. Triumph Consolidated Mining Co.Utah Supreme Court · 1899
- Farmington Gold Mining Co. v. Rhymney Gold & Copper Co.Utah Supreme Court · 1899
- Strickley v. HillUtah Supreme Court · 1900
- McCornick v. MangumUtah Supreme Court · 1899
3Cited by5 opinions
- State v. BehiterNevada Supreme Court · 1934
- Anvil Hydraulic & Drainage Co. v. CodeCourt of Appeals for the Ninth Circuit · 1910
- In Re Bryan's EstateUtah Supreme Court · 1933
- New Mercur Mining Co. v. South Mercur Mining Co.Utah Supreme Court · 1942
- Kennedy v. ClinchUtah Supreme Court · 1933