Malecek v. Tinsley
Supreme Court of Arkansas
Appeal from Marion Circuit Court. Erbridge G. Mitci-ierr, Judge. The claim of Lock had been abandoned. Rev. Stat. U. S. § 2297; 3 L. L>. 526; 14 L. D. 49. Mineral lands can only be disposed of as the law directs.
Read the full summary
Appeal from Marion Circuit Court. Erbridge G. Mitci-ierr, Judge. The claim of Lock had been abandoned. Rev. Stat. U. S. § 2297; 3 L. L>. 526; 14 L. D. 49. Mineral lands can only be disposed of as the law directs. Rev. Stat. U. S. § 2258; 115 U. S. 392. A void patent may be attacked collaterally. 29 Pac. 9; 8 Fed. 865. In general, we apply to mines in public lands the rules applicable to real property. 42 Fed. 99; 18 How. 50; 144 U. S. 509. The location must be distinctly marked. 160 U. S. 318; Rev. Stat. U. S. § 2324. One cannot enter upon the possession of another and locate a mining claim.…
1Opinion of the CourtBattle, J.
A. B. Tinsley and J. W. Black brought this action against Charles J. Malecek to recover possession of certain mineral lands. They allege that they are owners and entitled to possession under the mining laws of the United States, and that the defendant is in unlawful possession of their claim. They recovered judgment, and the defendant appealed.
They attempted to make a location by posting a notice on a house, in which they claimed to have located a mineral claim on the lands in controversy. No effort was made to distinctly mark the location on the ground, so that its boundaries can be readily…
2Cases cited1 opinion
- Worthen v. SidwaySupreme Court of Arkansas · 1904
3Cited by1 opinion
- Ware v. WhiteSupreme Court of Arkansas · 1906