Cleary v. Skiffich
Supreme Court of Colorado
Appeal From, the District Court of Gilpin County. The subject matter of controversy in this case is the area in conflict between the Zara lode mining claim and the Arrighi mill site. Application for patent having been made for the latter the owners of the lode claim filed an adverse, and in support thereof, commenced this action againt the applicant for patent on the mill site. The judgment below was in favor of the plaintiffs. The defendant appeals.
1Opinion of the CourtJustice Gabbert
One of the defenses interposed as a special plea to the effect that defendant and his grantors had held and occupied the mill site uninterruptedly down to the time of the location of the lode claim for a period equal to the statute of limitations of this state, which defense was based on the provisions of section 2332, of the Revised Statutes of the United States, which' is as follows: “Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the state or territory…
2Cases cited12 opinions
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Davis's Administrator v. WeibboldSupreme Court of the United States · 1891
- Dower v. RichardsSupreme Court of the United States · 1894
- Iron Silver Mining Co. v. Mike & Starr Gold & Silver Mining Co.Supreme Court of the United States · 1892
- Harris v. Equator Mining & Smelting Co.U.S. Circuit Court for the District of Colorado · 1881
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3Cited by19 opinions
- Roy Hunter v. United StatesCourt of Appeals for the Ninth Circuit · 1967
- Denver Center for the Performing Arts v. BriggsSupreme Court of Colorado · 1985
- Bismark Mountain Gold Mining Co. v. North Sunbeam Gold Co.Idaho Supreme Court · 1908
- Walker v. United StatesNew Mexico Supreme Court · 2007
- Humphreys v. Idaho Gold Mines Development Co.Idaho Supreme Court · 1912
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