Jefferson Mining Co. v. Anchoria-Leland Mining & Milling Co.
Supreme Court of Colorado
Appeal from the District' Court of Teller County. The Anchor and the Mattie L. are both patented lode mining claims and, as originally located, overlapped on the surface as shown by the accompanying diagram. The appellee, plaintiff below, The Anchoria-Leland Mining and Milling Company, is the owner of the Anchor, and The Jefferson Mining Company, appellant and defendant below, owns the Mattie L. claim.
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Appeal from the District' Court of Teller County. The Anchor and the Mattie L. are both patented lode mining claims and, as originally located, overlapped on the surface as shown by the accompanying diagram. The appellee, plaintiff below, The Anchoria-Leland Mining and Milling Company, is the owner of the Anchor, and The Jefferson Mining Company, appellant and defendant below, owns the Mattie L. claim. The Anchor went first to patent October 5, 1894, without adverse or protest by the owners of the Mattie L., and the patent includes the entire surface in conflict. A patent was issued for the…
1Opinion of the CourtJustice Campbell
The positions taken by the parties may thus be stated: Appellant’s contentions are, first, that, in law and in fact, the Mattie L. is senior to the Anchor and, therefore, entitled to the ore in controversy because of its priority under the doctrine governing what Mr. Lindley calls its “intra-limital” rights; second, that, regardless of the question of seniority, as to the secondary vein a-b the Mattie L. has extra-lateral rights southerly on the dip of that vein between what its locators considered its parallel side lines, but which, in law, are parallel end -lines, and this covers the…
2Cases cited13 opinions
- Last Chance Mining Co. v. Tyler Mining Co.Supreme Court of the United States · 1895
- Del Monte Mining & Milling Co. v. Last Chance Mining & Milling Co.Supreme Court of the United States · 1898
- Iron Silver Mining Co. v. Elgin Mining & Smelting Co.Supreme Court of the United States · 1886
- Argentine Mining Co. v. Terrible Mining Co.Supreme Court of the United States · 1887
- Walrath v. Champion Mining Co.Supreme Court of the United States · 1898
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