Parley's Park Silver Mining Co. v. Kerr

Citations

• 130 U.S. 256
• 9 S. Ct. 511
• 32 L. Ed. 906
• 1889 U.S. LEXIS 1745

Syllabus

<p>In Utah a complaint which alleges that the plaintiff is owner and in possession, of land, that the defendant claims an adverse interest or estate therein, that such claim is without legal or equitable foundation and is void, and that it is a cloud on the plaintiff’s title and embarrasses him in the use and disposition of his property and depreciates his property, and which prays for equitable relief in these respects, is sufficient to require the adverse claim on the part of the defendant to be set up, inquired into and judicially determined, and the question of title finally settled.</p> <p>The question, under Rev. Stat. § 2319, as to what customs and rules of miners in a mining district not' inconsistent with the laws of the United States are in force in the district when an application is made for a patent of mineral land, is one of fact determinable by the Commissioner of the Land Office.</p> <p>Rule 4 of the rules of the Blue Ledge mining district in Utah, adopted May 17, 1870, limiting the width of a mining location to 200 feet, was so modified May 4,1872, that thereafter the surface width was to be governed by the laws of the United States.</p>