Legal Opinion

Golden Terra Mining Co. v. Smith

Supreme Court Of The Territory Of Dakota

Decided October 15, 1881PublishedCited by 4 opinions

Appeal from, the District Court of Lawrence County. This was a controversy over a portion of mining ground claimed adversely by the parties to the action, their mining locations overlapping each other and including a fraction of each. The issues and facts appear in the pleadings, briels of counsel and opinions. The opinions of the District Court are also given in full.

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Appeal from, the District Court of Lawrence County. This was a controversy over a portion of mining ground claimed adversely by the parties to the action, their mining locations overlapping each other and including a fraction of each. The issues and facts appear in the pleadings, briels of counsel and opinions. The opinions of the District Court are also given in full. The diagram will illustrate the ground in controversy: The plaintiff in its complaint, states its cause of action as follows : I. That plaintiff is a corporation duly organized and existing under and by virtue of the laws of…

1Opinion of the CourtMoody, J.

This action was brought by the plaintiff in the District Court of Lawrence county, to determine the rights of the parties claiming adversely about two hundred feet by one hundred and fifty feet of mining .ground situate in White wood Quartz Mining district in said county.

The plaintiff claims ownership of the ground in controversy by virtue of what is known as the “ Ophir ” mining claim, and the defendants claim such ownership by virtue of their “ Golden Terry Extension ” mining claim, these Wo mining claims overlapping and conflicting with each other to that extent.

This ground is alleged to…

2Cited by4 opinions

  1. McPherson v. JuliusSouth Dakota Supreme Court · 1903
  2. Fargo v. PalmerSupreme Court Of The Territory Of Dakota · 1886
  3. Round Mountain Mining Co. v. Round Mountain Sphinx Mining Co.Nevada Supreme Court · 1912
  4. Myers v. CampbellSouth Dakota Supreme Court · 1899

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