Swanson v. Koeninger
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. "Walters, Judge. Action to quiet title to mining property. The fundamental variance between the location notice of the True Friend and the survey is fatal so far as the conflict with Silver Bullion No. 2 is concerned. (Flynn Group Min. Go. v. Murphy, 18 Ida. 275, 138 Am.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. "Walters, Judge. Action to quiet title to mining property. The fundamental variance between the location notice of the True Friend and the survey is fatal so far as the conflict with Silver Bullion No. 2 is concerned. (Flynn Group Min. Go. v. Murphy, 18 Ida. 275, 138 Am. St. 201, 109 Pac. 851.) Where the courses and distances are not with certainty defined by monuments or stakes, the calls in the location notice must govern and control. (Treadwell v. Ma/rrs, 9 Ariz. 333, 83 Pac. 355.) “The…
1Opinion of the Court
STEVENS, District Judge.
This is a suit adverse to the mineral patent of the defendant’s mining claim, called the True Friend. Upon the filing of the map and field-notes of the survey of this claim for patent, the plaintiff Swanson filed suit, setting up his claim to two certain areas thereof respectively, in conflict with defendant’s claim, the Silver Bullion and Silver Bullion No. 2. The Silver Bullion is admittedly a senior location to the True Friend, while the Silver Bullion No. 2 is admittedly a junior location. Upon the trial of this cause without a jury before the district court of the…
2Cases cited14 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Gleeson v. Martin White Mining Co.Nevada Supreme Court · 1878
- Flynn Group Mining Co. v. MurphyIdaho Supreme Court · 1910
- Upton v. LarkinMontana Supreme Court · 1888
- Hauswirth v. ButcherMontana Supreme Court · 1882
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3Cited by3 opinions
- Lombardo Turquoise Milling & Mining Co., Inc. v. HemanesDistrict Court, D. Nevada · 1977
- Gray v. CoykendallNevada Supreme Court · 1931
- Thompson v. Barton Gulch Mining Co.Montana Supreme Court · 1922