United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mining Company v. Consolidated Mining Company, 102 U.S. 167 (1880)

Mining Company v. Consolidated Mining Company

102 U.S. 167

Syllabus

1. The grant of the sixteenth and thirty-sixth sections of public land to the State of California for school purposes, made by the Act of March 3, 1853, 10 Stat. 246, was not intended to cover mineral lands. Such lands were, by the settled policy of the general government, excluded from all grants.

2. A settlement within the meaning of sec. 7 of that act is not required, either in regard to the acts to be done or the qualifications of the settler, to be precisely the same as that whereby a preemption right can be secured under the Act of Sept. 4, 1841. 5 Stat. 453.

3. Whenever, at the time the government surveys of section 16 or 36 of public land in California are made, there is, by the erection of a dwelling house or by cultivation, a settlement on any portion thereof whereon someone resides who asserts claim thereto, the title to such portion does not vest in the state, but she has the right to other land in lieu thereof. Sherman v. Buick, 93 U. S. 209, and Water & Mining Company v. Bugbey, 96 U. S. 185, commented on and explained.

The facts are stated in the opinion of the Court.