Atkins v. Hendree
Idaho Supreme Court
Adjoubned into this court from the third judicial dis- • triot, Owyhee county. Ejectment for a mining claim. Plaintiffs claim to have located some time in the month of March, 1866, a quartz lode, which they denominated the “First extension south of the Dahlgren.” This claim consisted of two hundred feet in leDgth with the width allowed by law.
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Adjoubned into this court from the third judicial dis- • triot, Owyhee county. Ejectment for a mining claim. Plaintiffs claim to have located some time in the month of March, 1866, a quartz lode, which they denominated the “First extension south of the Dahlgren.” This claim consisted of two hundred feet in leDgth with the width allowed by law. They performed no work or labor upon this claim, except staking it off, up to the time of defendants’ entry, which was about the seventh of September, 1866. Defendants located a set of claims running at nearly right angles, across the line of…
1Opinion of the Court
MoBride, O. 3-,
delivered the opinion of the Court,
2ConcurrenceKelly, J.
This is an action brought, to recover a piece of mining ground containing a quartz lode, which the plaintiffs claim to have located and held under the quartz law until they were turned out of the possession and ownership by thawrong-£ul acts of the defendants. The action is ejectment in the usual form under the code, and the issue is as to the plaintiffs’ possession at the time of the alleged ouster. The defendants admit that they entered upon the premises in question, but allege that the same were vacant and open to claim and location at the…
3Cited by6 opinions
- Flynn Group Mining Co. v. MurphyIdaho Supreme Court · 1910
- Stemwinder Mining Co. v. Emma & Last Chance Consolidated Mining Co.Idaho Supreme Court · 1889
- Scoggin v. MillerWyoming Supreme Court · 1948
- Hansen v. FletcherUtah Supreme Court · 1894
- Nicholls v. Lewis & Clark Mining Co.Idaho Supreme Court · 1910
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