Matlock v. Stone
Supreme Court of Arkansas
Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; STATEMENT by the court. This action arose under section 2326, Rev. Stat. U. S., over conflicting claims to a tract of mining land, and was begun in the Marion Chancery Court upon an adverse claim duly filed in the United States Dand Office at Harrison, Arkansas, and the complaint, in substance, contained the following allegations: That on the 1st day of January, 1899, one E. F. LeMarchal and others, being in…
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Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; STATEMENT by the court. This action arose under section 2326, Rev. Stat. U. S., over conflicting claims to a tract of mining land, and was begun in the Marion Chancery Court upon an adverse claim duly filed in the United States Dand Office at Harrison, Arkansas, and the complaint, in substance, contained the following allegations: That on the 1st day of January, 1899, one E. F. LeMarchal and others, being in possession of the following lands in Marion County, Arkansas, viz., N. E. Y of Sec. x8, Tp. 17 N., R. 15 W., made mineral…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Appellant urges for reversal, that it was not shown that each of the locators under whom appellee claims was a citizen of' the United States when the location was made. Mr. Lindley, in his work on Mines, after a review of cases, says: “The following conclusions are clearly deducible from the current of judicial authority:
“1. An alien may locate or purchase a mining claim, and until ‘inquest of office’ may hold and dispose of same in like manner as a citizen.
“2. Proceedings to obtain patents are in the nature of ‘inquest of office,’ and in such proceedings…
2Cases cited6 opinions
- Manuel v. WulffSupreme Court of the United States · 1894
- O'REILLY v. CampbellSupreme Court of the United States · 1886
- McKinley Creek Mining Co. v. Alaska United Mining Co.Supreme Court of the United States · 1902
- Hershy v. BaerSupreme Court of Arkansas · 1885
- Simpson v. TalbotSupreme Court of Arkansas · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Pirtle v. Southern Lumber Co.Supreme Court of Arkansas · 1911
- Toll v. TollSupreme Court of Arkansas · 1922
- Claibourne v. Smith Rice Mill CompanySupreme Court of Arkansas · 1930
- Nelson v. LammCourt of Appeals of Texas · 1912