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Farrell Vs. Lockhart
Cites for this judgment
- US Supreme Court
- May 18, 1908
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U.S. 142 (1908) U.S. Supreme Court Farrell v. LockhartSearch
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U.S. 142 (1908) Farrell v. LockhartSearch
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when the second location is made, there has been an actual abandonment of the claim by the first locator. Lavignino v. UhligSearch
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In deciding this question, the court deemed that it was called upon to consider and apply the ruling in Lavagnino v. UhligSearch
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the count considered that the reasoning in question ought to be restricted, because not to do so would cause Lavagnino v. UhligSearch
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to mining claims, and unsettle rights of property of great value. The court did not at all doubt that Lavagnino v. UhligSearch
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view of the issues in that case, but, for the reasons which we have just stated, it held that the ruling in Lavagnino v. UhligSearch
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did not embrace the discovery point of the first, but was a mere overlap. Thus applying the ruling in Lavagnino v. UhligSearch
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the highest courts in some of the mining states or in territories of the United States where mining prevails -- Nash v. McNamaraSearch
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P. 405, and cases cited -- which, in considering the reasoning of Lavagnino v. UhligSearch
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judgment was affirmed, we do not pause to particularly reexamine the reasoning expressed in the opinion in Lavagnino v. UhligSearch
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said would arise from a change of such practice, and taking into view the prior decisions referred to, especially Belk v. MeagherSearch
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U. S. 279 , as also the more recent case of Brown v. GurneySearch
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there had been an actual abandonment of the original senior location. We say this because, taking into view Belk v. MeagherSearch
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and Brown v. GurneySearch
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the second location was made, there had been an actual abandonment of the claim by the first locator. In Black v. ElkhornSearch
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without any writing to that effect, and by any act evincing an intention to give up and renounce the same. Snell v. LevittSearch
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White v. ManhattanSearch
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U.S. Supreme Court Farrell v. LockhartSearch
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Lavignino v. UhligSearch
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Nash v. McNamaraSearch
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of Lavagnino v. UhligSearch
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of Brown v. GurneySearch
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In Black v. ElkhornSearch
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Snell v. LevittSearch
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