Old Dominion Copper Mining & Smelting Co. v. Haverly
Arizona Supreme Court
APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. Frederick S. Nave, Judge.
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APPEAL from a judgment of the District Court of the Fifth Judicial District, in and for the County of Gila. Frederick S. Nave, Judge. In 1883 one Andre Maurel went upon unoccupied public land of the United States in Gila county, Arizona, and in conformity with the laws then in force staked out and located a tract of one hundred and sixty acres of land, and filed in the public records of the county a notice that he had settled upon and improved the said premises, with a view of availing himself of the homestead or pre-emption laws of the United States. Some years thereafter a man named Tidwell…
1Opinion of the CourtDoan, J.
— The assignments of error in this case, more than thirty in number, present many questions of interest, but the one question that is controlling in the case, and that will determine, or render unnecessary, the consideration of the others, is whether the finding of fact relative to the character of this land made by the officers of the land department in a contest brought by the defendant herein, and the owner of the mining claim under which she claims title, upon the application for patent for the said tract under homestead entry thereof in 1901 in which the land was claimed by one party to…
2Cases cited30 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Johnson v. TowsleySupreme Court of the United States · 1871
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Steel v. Smelting Co.Supreme Court of the United States · 1882
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- Bowen v. Chemi-Cote Perlite CorporationCourt of Appeals of Arizona · 1967