Bohanon v. Howe

Citations

• 2 Idaho 453
• 17 P. 583
• 1888 Ida. LEXIS 15

Syllabus

<p>Mining Law — Citizenship—Eight oe Possession. — Under the act of Congress of May 10, 1872, only citizens of the United States and persons who have declared their intention to become such can acquire any right of possession, by location or otherwise, of mineral lands on the public domain.</p> <p>Same — Pleading.—In an action for trespass upon mining ground and for damages, where the legal title to the ground is in the United States, and the right of possession is made by the pleadings a material issue, the plaintiff, in order to recover, must plead and prove that he is a citizen of the United States, or that he has declared his intention to become such.</p> <p>(Syllabus by the court.)</p>