Jackson v. Roby

Citations

• 109 U.S. 440
• 3 S. Ct. 301
• 27 L. Ed. 990
• 1883 U.S. LEXIS 987
• 4 Colo. L. Rep. 353

Syllabus

<p>Mineral Lands — Revised Statutes.</p> <p>1. Section 2324 Rev. St. enacts that where certain mining claims referred to in the section are held in common, the expenditure upon them required by - the act may be made upon any one claim : Held, that the act eontemplates that this expenditure is to be made for the common, benefit, and that one enjoying a mining right defined by metes and bounds does not, by expending money upon a flume which passes over adjoining.iand and deposits the waste from his mine on that land without benefit to such adjoining land, and without other evidence of a claim to it, thereby make an expenditure upon it within the meaning of the Revised Statutes.</p> <p>2. In a suit under section 2326 of the Revised Statutes to determine adverse claims to lands containing valuable mineral deposits, if neither party shows a compliance with the requirements of law in regard to work done upon the claim, the finding should be against both.</p>