Brown v. Gurney
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP COLORADO. Brown applied for a patent on a mining claim, known as the Scorpion, and Gurney adversed this application as the owner and claimant of the Hobson’s Choice, as did Small, also, as the owner and claimant of the P. G. claim: Thereafter each brought suit in support of his adverse claim in the District Court of Teller County, Colorado.. The cases were tried together on an agreed statement of facts.
Read the full summary
ERROR TO THE SUPREME COURT OP THE STATE OP COLORADO. Brown applied for a patent on a mining claim, known as the Scorpion, and Gurney adversed this application as the owner and claimant of the Hobson’s Choice, as did Small, also, as the owner and claimant of the P. G. claim: Thereafter each brought suit in support of his adverse claim in the District Court of Teller County, Colorado.. The cases were tried together on an agreed statement of facts. This showed that the Scorpion, Hobson’s Choice and P. G. locations covered substantially the same tract of ground, and were all made in compliance…
1Opinion of the CourtChief Justice Fuller
The question in these cases, which was intended to be, and was, passed upon, is when, in respect of the three locations, did the premises in controversy become subject to location?
In the state Supreme Court, counsel for Brown contended that the judgments below must be affirmed because the agreed facts failed to identify the premises in dispute as part of the Kohnyo claim; did not establish the validity of that location; ?t,nd did not affirmatively show that the premises, when lo cated as the Scorpion, were not part of the unappropriated public domain.
But the Supreme Court applied the rule…
2Cases cited4 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Perego v. DodgeSupreme Court of the United States · 1896
- Jackson v. RobySupreme Court of the United States · 1883
3Cited by29 opinions
- Cole v. RalphSupreme Court of the United States · 1920
- Ickes v. Virginia-Colorado Development Corp.Supreme Court of the United States · 1935
- Swanson v. SearsSupreme Court of the United States · 1912
- Farrell v. LockhartSupreme Court of the United States · 1908
- Clearwater Minerals Corp. v. PresnellIdaho Court of Appeals · 1986
24 more not listed; retrieve them via the Exa API.