Uinta Tunnel Min. & Transp. Co. v. Creede & Cripple Creek Min. & Mill. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the District of Colorado. The writ of error in this case challenges the trial of an issue involving the rights of the respective parties to the action to the possession of the space within the bore of a tunnel where it passes' through two lode mining claims beneath the surface of the earth.
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In Error to the Circuit Court of the United States for the District of Colorado. The writ of error in this case challenges the trial of an issue involving the rights of the respective parties to the action to the possession of the space within the bore of a tunnel where it passes' through two lode mining claims beneath the surface of the earth. The Creede & Cripple Creek Mining & Milling Company was the plaintiff, and the Uinta Tunnel Mining & Transportation Company was the defendant, in the action below, and they will be so styled in this statement and in the opinion which follows. The…
1Opinion of the CourtSanborn, Circuit Judge
When the claim to a tunnel site has been located before the entry of the conflicting lode mining claims which have subsequently passed to patents, is the question whether discoveries of mineral in rock in place were made within the lode claims before the location of the claim to the tunnel site open to determination by means of evidence or testimony dehors the patents? This is the principal question presented by this record. If the query were whether or not it is competent to show by proof outside the receiver’s receipts or the patents that there had been no location of the patented claims or…
2Cases cited18 opinions
- Davis's Administrator v. WeibboldSupreme Court of the United States · 1891
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
- Iron Silver Mining Co. v. CampbellSupreme Court of the United States · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Uinta Tunnel, Min. & Transp. Co. v. Ajax Gold Min. Co.Court of Appeals for the Eighth Circuit · 1905
- Sharkey v. CandianiOregon Supreme Court · 1905
- Conkling Mining Co. v. Silver King Coalition Mines Co.Court of Appeals for the Eighth Circuit · 1916
- Healey v. RuppSupreme Court of Colorado · 1906
5 more not listed; retrieve them via the Exa API.