Wright v. Lyons
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. Action of ejectment by George Wright and others against C. B. Lyons and others to recover possession of a mining claim. ■ According to the complaint filed in this cause, George Wright and B. M. Turner, being citizens of the United States, and above the age of twenty-one years, on September 8,1901, entered and discovered upon the public domain a quartz ledge or lode of mineral-bearing rock in place, and located a claim thereon, being…
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From Malheur: Morton D. Clifford, Judge. Action of ejectment by George Wright and others against C. B. Lyons and others to recover possession of a mining claim. ■ According to the complaint filed in this cause, George Wright and B. M. Turner, being citizens of the United States, and above the age of twenty-one years, on September 8,1901, entered and discovered upon the public domain a quartz ledge or lode of mineral-bearing rock in place, and located a claim thereon, being 1,450 feet along the lode by 300 feet on each side, by conspicuously posting a notice of such location at the point of…
1Opinion of the CourtJustice Wolverton
Plaintiffs have by their complaint herein set out in detail the manner of locating the claim in dispute, with a view of determining the entire controversy upon the demurrer. Passing the contention made that the record does not contain a sufficient description with reference to some *169natural object or permanent monument to identify it definitely and distinctly, as required by Rev. Stat. U. S. § 2324 (U. S. Comp. St. 1901, p. 1426), we will inquire touching the validity of the location and recording of the claim under the provisions of our own statute, and whether such statute is inimical to the…
2Cases cited14 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Beals v. ConeSupreme Court of Colorado · 1900
- Kendall v. San Juan Silver Mining Co.Supreme Court of the United States · 1892
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3Cited by3 opinions
- Steele v. PrebleOregon Supreme Court · 1938
- Winters v. BurklandOregon Supreme Court · 1927
- Parker v. JonesOregon Supreme Court · 1978