Kirk v. Olson
245 U.S. 225 (1917)

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U.S. Supreme Court

Kirk v. Olson, 245 U.S. 225 (1917)

Kirk v. Olson

No. 81

Argued November 23, 1917

Decided December 10, 1917

245 U.S. 225

Syllabus

A finding of mineral character made in allowing an entry under the placer mining law is subject to be reconsidered and reversed by the Land Department at any time before the patent issues, upon due notice to the parties interested.

Where land embraced in conflicting placer and homestead entries is found, upon hearing in the Land Department, to be nonmineral and therefore is patented to the homesteader, the finding does not conclude a claimant under the placer entry who was not notified and given opportunity to be heard; a trust might be declared in his favor if he proved the land mineral; but not when the evidence confirms the Department's finding.

35 S.D. 620 affirmed.

Page 245 U. S. 226

The case is stated in the opinion.

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