Valcalda v. Silver Peak Mines
Court of Appeals for the Ninth Circuit
In Error from the Circuit Court of the United States for the District of Nevada. This was an action of ejectment by the Silver Peak Mines against Giovanni Valcalda and others to recover possession of a mill site located in connection with a mining claim. In the circuit court judgment was given ior plaintiff, and the defendants have sued out this -writ of error.
1Opinion of the Court
GILBERT, Circuit Judge.
On the 1st day of October, 1888, the Silver Peak Mines, a corporation, by its attorney in fact, located the Crown mine, and at the same lime located five acres of land, not contiguous thereto, as a mill site, under the provisions of section 2337 of the Revised Statutes of the United States, which provides as follows:
“Where non-mineral land not contiguous to the vein or lode is used or occupied by the proprietor of such vein or lode for mining or milling purposes, such noil-adjacent surface ground may he embraced and included in an application for a patent for such vein…
2Cases cited7 opinions
- Coryell v. CainCalifornia Supreme Court · 1860
- Richardson v. McNultyCalifornia Supreme Court · 1864
- Robinson v. Imperial Silver Mining Co.Nevada Supreme Court · 1869
- Staininger v. AndrewsNevada Supreme Court · 1868
- Ellis v. JeansCalifornia Supreme Court · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Franktown Creek Irrigation Co. v. Marlette Lake Co.Nevada Supreme Court · 1961
- Dalton v. ClarkCalifornia Court of Appeal · 1933
- Forbes v. United StatesUnited States Court of Claims · 1917