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Cole Vs. Ralph
Cites for this judgment
- US Supreme Court
- Mar 15, 1920
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U.S. 286 (1920) U.S. Supreme Court Cole v. RalphSearch
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U.S. 286 (1920) Cole v. RalphSearch
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of error, the circuit court of appeals reversed the judgments and ordered a new trial, one judge dissenting. Ralph v. ColeSearch
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was cured by an affirmative statement in the answer that the defendant was in possession. Texas & New Orleans R. Co. v. MillerSearch
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Crow v. VanSearch
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Brief any citation in this list with AI Studio
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Lake v. BenderSearch
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Adams v. BakerSearch
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Malstrom v. People'sSearch
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and makes a mineral discovery and location, the location so made is valid, and must be respected accordingly. Belk v. MeagherSearch
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Union Oil Co. v. SmithSearch
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kept alive by performance of the required annual assessment work, prevents any adverse location of the land. Gwillim v. DonnellmanSearch
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are marked, etc., but it confers no right in the absence of discovery, both being essential to a valid claim. Waskey v. HammerSearch
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Round Mountain Mining Co. v. RoundSearch
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New England Oil Co. v. CongdonSearch
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but, in the presence of an intervening right, it must remain of no effect. Creede & Cripple Creek Mining Co. v. UintaSearch
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Healey v. RuppSearch
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Tonopah Fraction Mining Co. v. DouglasSearch
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Last Chance Mining Co. v. TylerSearch
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Clipper Mining Co. v. EliSearch
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that is to say, the status of explorers entering by permission and then making discoveries. See Crossman v. PenderySearch
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In these circumstances, the first notice was of no effect, and no admission could be predicated of it. Zeiger v. DowdySearch
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serving declarations on the part of the locators, and not evidence of discovery. Creede & Cripple Creek Mining Co. v. UintaSearch
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Mutchmor v. McCartySearch
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Strepey v. StarkSearch
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Magruder v. OregonSearch
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California R. Co., 28 L.D. 174. This rule is recognized and applied in Nevada. Fox v. MyersSearch
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Barklage v. RussellSearch
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L.D. 401, 405-406. The views entertained by the courts in the mining regions are shown in Harris v. EquatorSearch
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in Humphreys v. IdahoSearch
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in Upton v. SantaSearch
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claimant coming within its terms from continuing to do the assessment work required by another section, and in Anthony v. JillsonSearch
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character contemplated by Congress. The defendant places some reliance upon the decisions of this Court in Belk v. MeagherSearch
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U. S. 279 , and Reavis v. FianzaSearch
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to the land department. Some of the courts have held it available only in proceedings in the department, McCowan v. MaclaySearch
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Mont. 234, and others in greater number have held it available in adverse suits, Upton v. SantaSearch
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Rita Mining Co., supra, and cases cited. The later view has received the approval of this Court. Reavis v. FianzaSearch
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U.S. Supreme Court Cole v. RalphSearch
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Ralph v. ColeSearch
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Texas & New Orleans R. Co. v. MillerSearch
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Gwillim v. DonnellmanSearch
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