Lavagnino v. Uhlig

Citations

• 198 U.S. 443
• 25 S. Ct. 716
• 49 L. Ed. 1119
• 1905 U.S. LEXIS 1078

Syllabus

<p>Where the necessary effect of the ruling .of the state court is to deny to a locator of a mineral claim the protection of the relocation provisions of § 2324, Rev. Stat., if that section justified the claim based upon it, or if the record shows that the trial court considered that the plaintiff specially claimed and was denied rights under § 2320, Rev. Stat., authorizing an adverse of an application for a patent to mineral lands, a Federal question is involved and the motion to dismiss the writ of error will be denied.</p> <p>Under § 2326, Rev. Stat., where there was a conflict of boundaries between a senior and junior location, and the senior location has been forfeited, the person who made the relocation of such forfeited claim has not the right in adverse proceedings to assail the' junior locator in respect to the conflict area which had previously existed between that location and the abandoned or forfeited claim.</p> <p>A senior locator possessed of paramount rights in mineral lands may abandon such rights and cause them to enure to tibe benefit of the applicant by failure to adverse, or’ after adverse, by failure to prosecute such adverse.</p> <p>The provisions of § 2326, Rev. Stat., as construed in this case, so qualify §§ 2319 and 2324, Rev. Stat., as to prevent mineral lands of the United States which have been the subject of conflicting locations, from becoming quoad the claims of third parties unoccupied mineral lands, by the mere forfeiture of one of such locations.</p> <p>Quiere, Whether a deputy mineral surveyor is prohibited by § 452 Rev. Stat. from making the location of a mining claim not decided.</p>