Cook v. Johnson
District Court, D. Alaska
The plaintiffs bring this action in ejectment to recover a certain tract of placer ground, to wit, the upper 350 feet of the bench claim, first tier, opposite the upper 350 feet of creek claim No. 1 below discovery, right limit, of Dome creek, in the Fairbanks recording district. Plaintiffs set up two causes of action. In each of them they allege their ownership in fee of the tract described, as against all persons save and except the United States.
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The plaintiffs bring this action in ejectment to recover a certain tract of placer ground, to wit, the upper 350 feet of the bench claim, first tier, opposite the upper 350 feet of creek claim No. 1 below discovery, right limit, of Dome creek, in the Fairbanks recording district. Plaintiffs set up two causes of action. In each of them they allege their ownership in fee of the tract described, as against all persons save and except the United States. The first cause of action is based upon the allegation that the defendants have, since the 1st day of January, 1906, wrongfully and unlawfully…
1Opinion of the Court
GUNNISON, District Judge.
The principal question in this case is as to who made the prior valid location; plaintiffs contending that they were the first to locate the ground in conformity with the law, while the defendants assert that, when the plaintiffs made.their entry, the ground was covered by a prior valid placer mining location made by the defendants’ lessors. Inherent in this question is the further question, which, in my opinion, is determinative of this litigation, as to whether or not defendants’ lessors made a valid discovery of gold. There are, of course, many other questions,…
2Cases cited20 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Chrisman v. MillerSupreme Court of the United States · 1905
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Iron Silver Mining Co. v. CheesmanSupreme Court of the United States · 1886
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
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3Cited by3 opinions
- Shope v. SimsAlaska Supreme Court · 1983
- United States v. McCutchenDistrict Court, S.D. California · 1916
- Sparks v. MountWyoming Supreme Court · 1922