Mining Co. v. Taylor
Supreme Court of the United States
Error to tbe Circuit Court of tbe United States for, tbe District of Nevada. This was an action of ejectment brought Dec. 23, 1874, by-James D. Taylor against Tbe Union Consolidated Silver Mining Company, to recover the possession of an undivided interest, equal to five feet, of a mining claim and lode, part of the • Comstock lode, situate in the Virginia Mining District, in Storey County, State of Nevada.
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Error to tbe Circuit Court of tbe United States for, tbe District of Nevada. This was an action of ejectment brought Dec. 23, 1874, by-James D. Taylor against Tbe Union Consolidated Silver Mining Company, to recover the possession of an undivided interest, equal to five feet, of a mining claim and lode, part of the • Comstock lode, situate in the Virginia Mining District, in Storey County, State of Nevada. Under an agreement of the parties the case was, without a jury, tried by the court, which found as facts that the parties were tenants in common of the mining claim known as the Union…
1Opinion of the CourtJustice Strong
Upon the facts found by the Circuit Court it is evident that Taylor, the plaintiff below, was. entitled to recover, unless he was barred by the Statute of Limitations. Claiming, as both parties did, under Payne and Cook, the regularity and validity of the location of the mining claim are not in question., And when, in 1862, the plaintiff purchased from one of the owners of the claim an undivided interest therein, and went into possession with his grantor and with others deriving title from the original locators, expending large sums, in prospecting and developing it (acts which the State…
2Cases cited3 opinions
- Robinson v. Imperial Silver Mining Co.Nevada Supreme Court · 1869
- Table Mountain Tunnel Co. v. StranahanCalifornia Supreme Court · 1862
- Van Valkenburg v. HuffNevada Supreme Court · 1865
3Cited by50 opinions
- Smith v. GaleSupreme Court of the United States · 1892
- Runkle v. BurnhamSupreme Court of the United States · 1894
- Lancaster v. CollinsSupreme Court of the United States · 1885
- Liles v. PittsSupreme Court of Louisiana · 1919
- Silverman v. Sunrise Pictures Corp.Court of Appeals for the Second Circuit · 1921
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