Lily Mining Co. v. Kellogg
Utah Supreme Court
Appeal from the Fourth District Court, Utah County. —Hon. T. Marioneaux, Judge. Action to determine the right of possession to certain mining claims under an adverse. From a judgment in favor of plaintiff, defendant appealed. STATEMENT OF FACTS.
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Appeal from the Fourth District Court, Utah County. —Hon. T. Marioneaux, Judge. Action to determine the right of possession to certain mining claims under an adverse. From a judgment in favor of plaintiff, defendant appealed. STATEMENT OF FACTS. It appears from the record that the defendant,Ralph M. Kellogg, claiming to be the owner of the Ralph lode and mining claim, on or about the second day of February, 1900, filed in the United States land office in Salt Lake City an application for a patent of said lode and mining claim, and that within the period of the sixty days ’ publication of the…
1Opinion of the CourtBaskin, C. J.
(After stating the facts.)
*114 1
*115 2
*113The appellant, Ralph M. Kellogg, contends that the court erred in rendering a decree in favor of the respondent for the additional area set out in the amended complaint, which was not covered by the adverse claim-. It is provided in section 2326 of the mining laws of Congress (Act May 10, 1872, c. 152, 17 Stat. 93 [U. S: Comp. St. 1901, p. 1430]) that, “where an-adverse claim is filed during the period of publication, it shall be upon the oath of the person or persons making the same, and shall show the nature, boundaries, and exT tent of such adverse claim," and…
2Cases cited8 opinions
- Iron Silver Mining Co. v. CampbellSupreme Court of the United States · 1890
- Bennett v. HarkraderSupreme Court of the United States · 1895
- Wolverton v. NicholsSupreme Court of the United States · 1886
- Lavagnino v. UhligUtah Supreme Court · 1903
- Doe v. Waterloo Min. Co.U.S. Circuit Court for the District of Southern California · 1890
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3Cited by6 opinions
- Conway v. FabianMontana Supreme Court · 1939
- Bowen v. Chemi-Cote Perlite CorporationArizona Supreme Court · 1967
- Warnekros v. CowanArizona Supreme Court · 1910
- Poore v. KaufmanMontana Supreme Court · 1911
- Smith v. WheelerDistrict Court, D. Alaska · 1915
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