Lee v. Justice Mining Co.
Colorado Court of Appeals
Appeal from, the District Court of Pitkin County. Complainant alleges that he is a citizen of the United States and over the age of 21 years; that on the 20th day of May, 1887, he entered 'upon the unoccupied and unappropriated public mineral domain of the United States, and at the said unoccupied point of his entry sunk ,a shaft to.the depth of. more than ten feet below.the lowest part of the rim thereof, and therein and thereby discovered and disclosed a well-defined body…
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Appeal from, the District Court of Pitkin County. Complainant alleges that he is a citizen of the United States and over the age of 21 years; that on the 20th day of May, 1887, he entered 'upon the unoccupied and unappropriated public mineral domain of the United States, and at the said unoccupied point of his entry sunk ,a shaft to.the depth of. more than ten feet below.the lowest part of the rim thereof, and therein and thereby discovered and disclosed a well-defined body of mineral bearing rock in place, containing silver and other precious metals; that at said shaft and said point of…
1Opinion of the CourtRichmond, P. J.
From the foregoing it will be observed that two questions are presented for our consideration:
1. Is the action a proper one. Can the plaintiff institute an equitable action for the purpose of determining his title under the state and federal statutes to a mining claim notwithstanding the fact that the receiver’s receipt has been issued to one of the defendants who has transferred the title thus acquired to- the Justice Mining Company.
2. Can an alien acquire such an interest in a mining claim by location as can be transferred to one or more parties by various conveyances, and through such…
2Cases cited12 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Shepley v. CowanSupreme Court of the United States · 1876
- Moore v. RobbinsSupreme Court of the United States · 1878
- Stark v. StarrsSupreme Court of the United States · 1868
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