Creede & Cripple Creek Mining & Milling Co. v. Uinta Tunnel Mining & Transportation Co.

Citations

• 196 U.S. 337
• 25 S. Ct. 266
• 49 L. Ed. 501
• 1905 U.S. LEXIS 905

Syllabus

<p>As between the Government and the locator, it is not a vital fact that there was a discovery of mineral in a lode claim before the commencement of any of the steps required to perfect a location, and by accepting the entry, and confirming it by a patent, the Government does not determine as to the order of , proceedings prior to the entry but only that all required by law have been taken.</p> <p>Adverse proceedings, are called for only when one mineral claimant contests the right of another mineral claimant, and, as a tunnel is not a mining claim but only a means of exploration, the owner, prior to discovery of a lode or vein within the tunnel, ds not bound to adverse the application for the patent of a lode claim, the lode of which was discovered on the surface; and his omission to do so does not preclude him from asserting a right prior to the date of discovery named in the certificate of location on which the patent for the surface lode claim is based.</p>