Mining Co. v. Boggs
Supreme Court of the United States
Boggs, lessee of Brfemont, brought a suit iu one of the inferior State courts of California against the Merced Mining Company, for the possession of certain mineral lands, with the mines therein, situated in Mariposa County. The case, according to a frequent practice in the courts just named, was submitted to the court, both as to matters of fact and matters of law, without a jury. The recovery was resisted on several grounds.
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Boggs, lessee of Brfemont, brought a suit iu one of the inferior State courts of California against the Merced Mining Company, for the possession of certain mineral lands, with the mines therein, situated in Mariposa County. The case, according to a frequent practice in the courts just named, was submitted to the court, both as to matters of fact and matters of law, without a jury. The recovery was resisted on several grounds. Among them was possession of the land — prior to any claim of the lessor of Boggs— “ according to the usages and regidations established and in force in the mining…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
No question is raised by the pleadings, of which this court has jurisdiction upon writs of error to the Supreme Court of California, unless by the allegation of prior possession of this land for the purpose of taking out the minerals. But this allegation does not set up any authority exercised under the United States in taking such possession, nor any treaty or statute of the United States, in virtue of which it was taken. Nor does it anywhere appear from the record that the decision of the State court was against the validity of any such…
2Cited by1 opinion
- Mining Company v. BoggsSupreme Court of the United States · 1866