Lavagnino v. Uhlig
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. Uhlig and McKernan, two of the defendants in error, by locations alleged to have been made on January 1, 1889, asserted ownership of two adjacent mining lode claims, designated respectively as the Uhlig No. 1 and the Uhlig No. 2, situated in the West Mountain mining district, in Salt Lake County, State of Utah.
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ERROR TO THE SUPREME COURT OF THE STATE OF UTAH. Uhlig and McKernan, two of the defendants in error, by locations alleged to have been made on January 1, 1889, asserted ownership of two adjacent mining lode claims, designated respectively as the Uhlig No. 1 and the Uhlig No. 2, situated in the West Mountain mining district, in Salt Lake County, State of Utah. In the month of August, 1898, the parties named filed in the proper land office an application for patent for said claims. During the publication of notice of the filing of the application, Giovanni Lavagnino, plaintiff in error — as the…
1Opinion of the CourtJustice White
The Supreme Court of Utah was of the opinion that, by force of section 452 of the Revised Statutes of the United States (copied in the margin 1 ), J. Fewson Smith, Jr., being a deputy mineral surveyor, was disqualified from locating the Yes You Do claim; that in consequence the attempted location of such claim was void; and that the plaintiff Lavagnino acquired no rights by the conveyance of the claim to him by Smith. It was next decided that, as the plaintiff had failed to show any right to the disputed premises, he became a stranger to the title, and was without right to contest the claim…
2Cases cited2 opinions
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Clipper Mining Co. v. Eli Mining & Land Co.Supreme Court of the United States · 1904
3Cited by19 opinions
- J. Bryant Kasey and Maryann Kasey v. Molybdenum Corporation of America, a CorporationCourt of Appeals for the Ninth Circuit · 1964
- Swanson v. SearsSupreme Court of the United States · 1912
- Farrell v. LockhartSupreme Court of the United States · 1908
- Hand v. CookNevada Supreme Court · 1907
- Swanson v. KettlerIdaho Supreme Court · 1909
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