Duncan v. Fulton
Colorado Court of Appeals
Appeal from the District Court of Boulder County. Fulton and his copartners filed an adverse to Duncan’s application for a patent to the Sampson lode, which is located in Boulder county. To support it they brought suit, set up their ownership of tire Rainbow lode in the same mining district, and alleged an occupancy and a right of possession.
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Appeal from the District Court of Boulder County. Fulton and his copartners filed an adverse to Duncan’s application for a patent to the Sampson lode, which is located in Boulder county. To support it they brought suit, set up their ownership of tire Rainbow lode in the same mining district, and alleged an occupancy and a right of possession. We shall assume, since it is in no manner questioned, a valid discovery of mineral, a legal location and a sufficient record of the Rainbow lode. It must not be assumed on the trial that we decide any of these matters. It has not been necessary, to…
1Opinion of the CourtBissell, P. J.
Mineral rights are granted to miners by federal statutes. Under the grant expressed miners may go on the public domain, discover lodes and veins and acquire title. Thereunder mining claims have been located in all the states and territories in the Rocky Mountains. The courts of these various states and territories have attempted to interpret and construe them. There is considerable diversity of judicial opinion about them. Their true meaning must ultimately be determined by the supreme court of the United States. We take it, wherever that court has expressed an opinion, it is binding on all…
2Cases cited8 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Strepey v. StarkSupreme Court of Colorado · 1884
- Bennett v. HarkraderSupreme Court of the United States · 1895
- Denver & New Orleans R. R. v. LambornSupreme Court of Colorado · 1885
- Flavin v. MattinglyMontana Supreme Court · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Flynn Group Mining Co. v. MurphyIdaho Supreme Court · 1910
- Morrison v. ReganIdaho Supreme Court · 1902
- Dean v. Omaha-Wyoming Oil Co.Wyoming Supreme Court · 1913
- Butte Consolidated Mining Co. v. BarkerMontana Supreme Court · 1907
- Londonderry Mining Co. v. United Gold Mines Co.Supreme Court of Colorado · 1906
6 more not listed; retrieve them via the Exa API.