East Cent. Eureka Min. Co. v. Central Eureka Min. Co.
204 U.S. 266 (1907)

Annotate this Case

U.S. Supreme Court

East Cent. Eureka Min. Co. v. Central Eureka Min. Co., 204 U.S. 266 (1907)

East Cent. Eureka Mining Company v.

Central Eureka Mining Company

No. 141

Argued January 8, 9, 1907

Decided January 21, 1907

204 U.S. 266

Syllabus

The requirement of parallelism of the end lines of a mining claim in § 2 of the Act of May 10, 1872, 17 Stat. 91, Rev.Stat., par. 2320, does not apply to a patent issued on an application made prior to the passage of that act.

Where the construction by the land office of an act of Congress in regard to mining claims agrees with the decisions of the circuit court and the state courts, unless the meaning of the act is plainly the other way, this consensus of opinion and practice must be accorded considerable weight.

Section 3 of the Act of May 10, 1872, is to be construed broadly in favor of the right of a claimant who had located prior thereto to follow all veins apexing within the surface of his claim in view of the provisions of §§ 12 and 16 that the act should not impair rights or interests acquired under the existing laws.

In the construction and effect of a conveyance between private parties, this Court follows the state court.

146 Cal. 147 affirmed.

The facts are stated in the opinion.

Page 204 U. S. 267

Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.