Worthen v. Sidway
Supreme Court of Arkansas
Cross appeals from Newton Circuit Court. Eldridge G. Mitci-iell, Judge. Action by W. B. Worthen and others against H. T. Sidway and others. Plaintiffs have appealed. In an adverse title each party must prove his own title. 17 Col. 243 ; 2 Pac. 920. Title to mining claims on the public domain may be acquired by the statute of limitations.
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Cross appeals from Newton Circuit Court. Eldridge G. Mitci-iell, Judge. Action by W. B. Worthen and others against H. T. Sidway and others. Plaintiffs have appealed. In an adverse title each party must prove his own title. 17 Col. 243 ; 2 Pac. 920. Title to mining claims on the public domain may be acquired by the statute of limitations. Rev. St. U. S. § 2332; 104 U. S. 636; Barringer & Adams, Laws of Mines and Mining, 568; 8 Fed. 865; 3 Sawyer, 634; 9 Nev. 240; 83 Cal. 302; 9 Nev. 240; 104 U. S. 279; 114 Cal. 100; 42 Fed. 99; 17 Cal. 44, 108; 34 Ark. 193; 30 Ark. 655; 40 Ark. 243; 42 Vt. 473…
1Opinion of the CourtBattue, J.
The west half of the northeast quarter of section 31, township 16 north, range 21 west, is in Newton county, in this state, and is mineral lands, containing zinc, a valuable metal for commercial purposes. On the 21st of June, 1889, W. S. Allen, W. H. A. Reeves, A. J. Nicholson and J. B. Hayles located a placer mining claim on the west half of the northwest quarter of the northeast quarter of said section 31. On the 12th day of July, 1889, S. E. Allen, F. E. Nicholson and E. C. King located a placer mining claim upon the west half of the southwest quarter of the northeast quarter of the same…
2Cases cited23 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Forbes v. GraceySupreme Court of the United States · 1877
- Gwillim v. DonnellanSupreme Court of the United States · 1885
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Manuel v. WulffSupreme Court of the United States · 1894
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3Cited by10 opinions
- Crane v. FrenchCalifornia Court of Appeal · 1940
- Karnes v. FlintWashington Supreme Court · 1929
- Saxton v. PerrySupreme Court of Colorado · 1910
- Laguna Development Co. v. McAlester Fuel Co.New Mexico Supreme Court · 1977
- Matlock v. StoneSupreme Court of Arkansas · 1905
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