Thompson v. Burk
District Court, D. Alaska
Suit in ejectment, jury waived, and trial before the court. Defendant, Burk,, first located the placer mining claim in controversy on February 11, 1903. He set four corner stakes and two center stakes. Upon one of his center staktes he wrote a notice of his location, and wrote his name on the corner stakes. He prepared his notice of location, and caused it to be filed and recorded in the recorder’s office on April 15, 1903, and within the time required by law.
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Suit in ejectment, jury waived, and trial before the court. Defendant, Burk,, first located the placer mining claim in controversy on February 11, 1903. He set four corner stakes and two center stakes. Upon one of his center staktes he wrote a notice of his location, and wrote his name on the corner stakes. He prepared his notice of location, and caused it to be filed and recorded in the recorder’s office on April 15, 1903, and within the time required by law. His notice of location designated the claim as on the “right limit” of Cleary creek; it is on the left hand looking down stream. The…
1Opinion of the Court
WICKERSHAM, District Judge.
The plaintiff objects to the validity of the defendant’s location — first, that his notice of location is fatally defective, in that it describes the placer mining claim in controversy as being on the “right limit” of Cleary creek, when in fact it was on the “left limit”; and, second, that defendant did not make a discovery of mineral upon the claim until after the plaintiff’s rights had intervened and vested. The defendant answers: Eirst, that the plaintiff is estopped, by his contract as the agent of defendant, to deny his discovery and title; second, that in law…
2Cases cited23 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Belk v. MeagherSupreme Court of the United States · 1881
- Felix v. PatrickSupreme Court of the United States · 1892
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Irvine v. MarshallSupreme Court of the United States · 1858
18 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hayes v. A.J. Associates, Inc.Alaska Supreme Court · 1993
- Mitchell v. Beaver Dredging Co.District Court, D. Alaska · 1935