Clipper Mining Co. v. Eli Mining & Land Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP COLORADO. On December 12, 1877, A. D. Searl and seven associates made a location of placer mining ground near the new mining camp of Leadville. The claim embraced at that time 157.02 acres of land. The original locators shortly conveyed all their interest to Searl, who applied for a patent on July 5, 1878. The application was met at the land office with a multitude of adverse claims.
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ERROR TO THE SUPREME COURT OP THE STATE OP COLORADO. On December 12, 1877, A. D. Searl and seven associates made a location of placer mining ground near the new mining camp of Leadville. The claim embraced at that time 157.02 acres of land. The original locators shortly conveyed all their interest to Searl, who applied for a patent on July 5, 1878. The application was met at the land office with a multitude of adverse claims. Settlements were made with some of the contestants, and on November 10, 1882, an amended application for patent was filed, including only lOlAVlr acres. This application…
1Opinion of the CourtJustice Brewer
The location of the placer mining claim and both the original and amended applications for patent thereof were long prior to the locations of the lode claims, and the contention of the plaintiffs is, that they, by virtue of their location, became entitled to the exclusive possession of the surface ground; that the entry of the lode discoverers was tortious and could not create an adverse right, even though by means of their entry and explorations they discovered the lode claims. The defendant, on the other hand, contends that the original location of the placer claim was wrongful, for the…
2Cases cited16 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
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- Perego v. DodgeSupreme Court of the United States · 1896
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