Kendall v. San Juan Silver Mining Co.

Citations

• 144 U.S. 658
• 12 S. Ct. 779
• 36 L. Ed. 583
• 1892 U.S. LEXIS 2115

Syllabus

<p>Intrusion upon and location of a mining claim within the territory set apart by the treaty proclaimed November 4, 1868, for the exclusive use and occupancy of the confederated bands of Ute Indians, was forbidden thereby,- and was inoperative to confer any rights upon the plaintiffs. Location of the same premises by others after extinguishment of the Indian title, and prior to relocation of the former prohibited claini, gave the right of possession. ° '</p> <p>The failure of the plaintiffs to record their location after extinguishment of such Indian title. within the period prescribed by the laws of Colorado, and until long after the premises had been properly located by others, forbids their claim of priority based upon a wrongful entry during the existence of the Indian Reservation.</p> <p>Noonan v. Caledonia Mining Co., 121 U. S. 393, cited and distinguished.</p>