United States Supreme Court Cases & Opinions

U.S. Supreme Court

Calhoun Gold Mining Co. v. Ajax Gold Mining Co., 182 U.S. 499 (1901)

Calhoun Gold Mining Company v. Ajax Gold Mining Company

No.195

Argued March 13-14, 1901

Decided May 27, 1901

182 U.S. 499

Syllabus

The rights conferred upon the locators of mining locations by Rev.Stat. § 2322, are not subject to the right of way expressed in § 2323, and are not limited by § 2336.

As to § 2336, by giving to the oldest or prior location, where veins unite, all ore or mineral within the space of intersection, and the vein below the point of union, the prior location takes no more, notwithstanding that § 2322 gives to such prior location the exclusive right of possession and enjoyment of all the surface included within the limits of the location, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward, vertically. Held that § 2336 does not conflict with § 2332, but supplements it.

A locator is not confined to the vein upon which he based his location, and upon which the discovery was made.

A patent is not simply a grant for the vein, but a location gives to the locator something more than the right to the vein which is the subject of the location.

Patents are proof of the discovery. They relate back to the location of the claims, and cannot be collaterally attacked.

The case is stated in the opinion of the Court.