Rosenthal v. Ives

Citations

• 2 Idaho 265
• 12 P. 904
• 1887 Ida. LEXIS 3

Syllabus

<p>Minino Claim — Adverse Claim — Eight to Patent — Showing to be Made. — In an action brought under section 2326 of the Revised Statutes of the United States, and the act of 1887, amendatory thereof, in support of an adverse mining claim, it is not enough that one claimant should show a superior right or title, as against the other, but one must show a clear right, as against the government, to a patent from the United States to the claim in dispute or some part thereof, before either party can prevail in the action.</p> <p>Aliens cannot Locate Claim. — Under the acts of Congress only citizens of the United States and persons who have declared their intention to become such can acquire any right by location upon mineral lands of the public domain.</p> <p>Findings — Must Allege and Pkove Citizenship. — In an action between claimants to determine the right of possession to a mining claim the plaintiffs must allege and show all the qualifications necessary to entitle them to purchase, among which must be included an allegation that the plaintiffs are citizens, or have declared their intention to become such, and when the action is tried to the court alone all these facts must be found, whether admitted by the pleadings or not.</p> <p>Same. — As there was an omission to find in these cases that plaintiffs were citizens, or had declared their intention to become such, held, that the judgment should be reversed and the causes remanded, with direction to the court below to find on this question from the evidence taken at the trial, if sufficient, and if not, upon such evidence as may be adduced, and proceed to render judgment accordingly.</p> <p>(Syllabus by the court.)</p>