Butler v. Good Enough Min. Co.
District Court, D. Alaska
These causes are submitted together upon a stipulation that the decision in one case shall control in the other. The findings of fact in the first case have now been made by the court, and submitted to the attorneys for the respective parties, and have been examined and agreed to by each as a true statement of the facts in the case. Only such reference will, therefore, be made to the facts in this opinion as is necessary to explain the court’s application of the law.
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These causes are submitted together upon a stipulation that the decision in one case shall control in the other. The findings of fact in the first case have now been made by the court, and submitted to the attorneys for the respective parties, and have been examined and agreed to by each as a true statement of the facts in the case. Only such reference will, therefore, be made to the facts in this opinion as is necessary to explain the court’s application of the law. The facts necessary to state are: That on July 3, 1900, one H. E. Marple discovered gold upon, and staked and located, a placer…
1Opinion of the Court
WICKERSHAM, District Judge.
The first point urged against Marple’s location is that his notice is insufficient because it does not contain such reference to natural objects or permanent monuments as to certainly identify the claim. Section 2324 of the revised statutes [U. S. Comp. St. 1901, p. 1426] lays down this mandatory requirement in relation to marking and the notice:
“The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining-claims hereafter made shall contain the name or names of the locators, the date of the location, and…
2Cases cited3 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Young v. OrpheusMassachusetts Supreme Judicial Court · 1875
- Chicago, Santa Fe & California Railway Co. v. EubanksMissouri Court of Appeals · 1888
3Cited by1 opinion
- Likaits v. JohnsonDistrict Court, D. Alaska · 1914