CLIPPER MINING CO. v. ELI MINING & LAND CO.

No. 76.

194 U.S. 220 (1904)

CLIPPER MINING COMPANY v. ELI MINING AND LAND COMPANY.

Supreme Court of United States.

Decided May 2, 1904.


Attorney(s) appearing for the Case

Mr. W.H. Bryant, with whom Mr. C.S. Thomas and Mr. W.H. Lee were on the brief, for plaintiff in error.

Mr. John A. Ewing and Mr. Aldis B. Browne, with whom Mr. Charles Cavender and Mr. Alexander Britton were on the brief, for defendants in error.


MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

The location of the placer mining claim and both the original and amended applications for patent thereof were long prior to the locations of the lode claims, and the contention of the plaintiffs is, that they, by virtue of their location, became entitled to the exclusive possession of the surface ground; that the entry of the lode...

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