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ENTERPRISE MIN'G CO. v. RICO-ASPEN MIN'G CO.

No. 267.

167 U.S. 108 (1897)

ENTERPRISE MINING COMPANY v. RICO-ASPEN CONSOLIDATED MINING COMPANY.

Supreme Court of United States.

Decided May 10, 1897.

Attorney(s) appearing for the Case

Mr. R.S. Morrison for appellees. Mr. Charles J. Hughes, Jr., and Mr. Charles S. Thomas were on his brief.

Mr. Charles H. Toll and Mr. Joel F. Vaile for appellant. Mr. Henry M. Teller and Mr. Edward O. Wolcott were on their brief.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

It will be observed that so far as the mere location of the two claims, Vestal and Jumbo No. 2, the former was prior in time to the latter, and would, if there were no other facts, give priority of right to the ore within the limits of the conflicting territory. The tunnel was, however, located some eight or nine months before the discovery and location of the Vestal claim, and the statute...

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