Gleeson v. Martin White Mining Co.
Nevada Supreme Court
Appeal from tbe District Court of tbe Sixth Judicial District, White Pine County. Tbe facts are stated in tbe opinion. There can be no valid location of a claim on a mineral lode since tbe passage of tbe act of May 10, 1872, without marking tbe boundaries of tbe surface ground.
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Appeal from tbe District Court of tbe Sixth Judicial District, White Pine County. Tbe facts are stated in tbe opinion. There can be no valid location of a claim on a mineral lode since tbe passage of tbe act of May 10, 1872, without marking tbe boundaries of tbe surface ground. (Sec. 2320 Rev. Stat. U. S. (sec. 2 of act of May 10, 1872); sec. 2324 Rev. Stat. U. S. (sec. 5 of act of May 10, 1872.) These provisions clearly intend and determine that tbe location shall be of tbe surface ground, of a tract of land, including a portion of a lode, or portions of more than one lode, and prescribe…
1Opinion of the Court
By the Court,
Beatty J.:
This is an action to determine the right of possession of certain mining ground in the Ward district, White Pine county. The plaintiff deraigns title from the locators of a claim called the Shark, and the defendant is the grantee of the locators of the Paymaster. Both claims were located on the same ledge — the Paymaster in July, the Shark in September — and the principal question in the case is as to the validity of the Paymaster location. The facts in regard to *450this location are very clearly and fully presented by the findings of the district judge, which embrace the…
2Cases cited1 opinion
- Golden Fleece G. & S. M. Co. v. Cable Consolidated G. & S. M. Co.Nevada Supreme Court · 1877
3Cited by42 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Donahue v. MeisterCalifornia Supreme Court · 1891
- Doe v. Waterloo Min. Co.Court of Appeals for the Ninth Circuit · 1895
- Nelson v. SmithNevada Supreme Court · 1918
- Overman Silver Mining Co. v. CorcoranNevada Supreme Court · 1880
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