United States Supreme Court Cases & Opinions

U.S. Supreme Court

Belk v. Meagher, 104 U.S. 279 (1881)

Belk v. Meagher

104 U.S. 279

ERROR TO THE SUPREME COURT

OF THE TERRITORY OF MONTANA

Syllabus

1. By the Act of May 10, 1872, c. 152, 17 Stat. 9l, and the acts amendatory thereof, the rights of the original locator of a mining claim or of his assignee, which was located prior to that date, were continued until Jan. 1, 1875, although no work had been done thereon, provided that no relocation thereof had been made, and they were thereafter extended if within the year 1875 and before another party relocated the claim work was resumed thereon to the extent required by law. When, therefore, work was so resumed, the claim was not open to relocation before Jan. 1, 1877, although no work had been done upon it during the year 1876.

2. Actual possession of the claim is not essential to the validity of the title obtained by a valid location, and until such location is terminated by abandonment or forfeiture, no right or claim to the property can be acquired by an adverse entry thereon with a view to the relocation thereof.