Ducie v. Ford
Supreme Court of the United States
APPEAL EROM THE SUPREME COURT OE THE TERRITORY OE MONTANA. This was an appeal from a decree of the Supreme Court of the Territory of Montana sustaining a demurrer to a complaint originally filed in the Second Judicial District of such Territory.
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APPEAL EROM THE SUPREME COURT OE THE TERRITORY OE MONTANA. This was an appeal from a decree of the Supreme Court of the Territory of Montana sustaining a demurrer to a complaint originally filed in the Second Judicial District of such Territory. The complaint set forth in substance that the plaintiffs on September 18, 1888, “became possessed of and owned” certain premises upon which they had discovered a vein or lode of valuable quartz; that they “duly located” such lode “as a mining claim” under the laws of the United States, “and posted a notice of such location,” and established by posts…
1Opinion of the CourtJustice Brown
By Rev. Stat. sec. 2319, all valuable mineral deposits in lands belonging to the United States are declared to be free and open to exploration and purchase “'by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law.” By sec. 3324, the miners of each mining district may make regulations not in conflict with the laws of the United States, or of the State or Territory, governing the location, manner of recording and amount of work necessary to hold possession of a mining claim, subject to the requirement, among others, that…
2Cases cited4 opinions
- Olcott v. BynumSupreme Court of the United States · 1873
- Purcell v. MinerSupreme Court of the United States · 1867
- Boyd v. M'LeanNew York Court of Chancery · 1815
- White v. CarpenterNew York Court of Chancery · 1830
3Cited by32 opinions
- St. Louis Mining & Milling Co. v. Montana Mining Co.Supreme Court of the United States · 1898
- Formby v. WilliamsSupreme Court of Alabama · 1919
- United States v. Colorado Anthracite Co.Supreme Court of the United States · 1912
- Bowmaster v. CarrollCourt of Appeals for the Eighth Circuit · 1928
- Rhodes v. RaxterSupreme Court of North Carolina · 1955
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