Iron Silver Mining Co. v. Campbell

Citations

• 135 U.S. 286
• 10 S. Ct. 765
• 34 L. Ed. 155
• 1890 U.S. LEXIS 2022

Syllabus

<p>A lode patent, issued .subsequently to the issue of a placer patent of a tract within whose metes and bounds the lode patent is located, is not conclusive evidence that the lode was so known at the time of the issue of the placer patent as to authorize the issue of the lode patent.</p> <p>Where two parties have patents for the same tract of land, and the question in a judicial proceedings as to the superiority of title under those patents, and the decision depends upon extrinsic facts not shown by the patents, it is competent to establish it by proof of those facts.</p> <p>The provisions in Rev. Stat. §§ 2323, 2326, as to adverse claims to a lode, for which a patent is asked, do not apply to a person who, before the publication first required, had himself gone through all the regular proceedings required to obtain a patent for mineral land from the United States; had established his right to the land claimed by him; and had received his patent therefor.</p>