Legal Opinion

Perigo v. Erwin

U.S. Circuit Court for the District of Utah

Decided March 4, 1898No. 165PublishedCited by 7 opinions

This was a proceeding by William Peri go and Michael F. Clark against David D. Erwin in pursuance of an adverse claim to mining land.

1Opinion of the Court

MARSHALL, District Judge.

This suit is brought under section 2326 of the Revised Statutes of the United States, in pursuance of an adverse claim filed in the land office by complainants, claiming to be the .owners of the Star mining claim, against the defendant’s application for a patent to the Kate P. mining claim. The Kate E. claim is entirely included in the Star, and, if the latter was ever validly located, it was prior in time to the location of the Kate E. But the original discovery of the Star was afterwards patented by the United States as a part of the Gopher mining claim, and the…

2Cases cited7 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
  3. Erhardt v. BoaroSupreme Court of the United States · 1885
  4. Gwillim v. DonnellanSupreme Court of the United States · 1885
  5. Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881

2 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Walton v. Wild Goose Mining & Trading Co.Court of Appeals for the Ninth Circuit · 1903
  2. Erwin v. PeregoCourt of Appeals for the Eighth Circuit · 1899
  3. Upton v. Santa Rita Mining Co.New Mexico Supreme Court · 1907
  4. Lockhart v. FarrellUtah Supreme Court · 1906
  5. McElligott v. KroghCalifornia Supreme Court · 1907

2 more not listed; retrieve them via the Exa API.

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