Clipper Mining Company v. Eli Mining & Land Company

On December 12, 1877, A. D. Searl and seven associates made a location of placer mining ground near the new mining camp of Leadville. The claim embraced at that time 157.02 acres of land. The original locators shortly conveyed all their interest to A. D. Searl, who applied for a patent on July 5, 1878. The application was met at the Land Office with a multitude of adverse claims. Settlements were made with some of the contestants, and on November 10, 1882, an amended application for patent was filed, including only 101 916/1000 acres. This application was rejected by the Commissioner of the General Land Office on March 6, 1886, and his decision was affirmed by the Secretary of the Interior on November 13, 1890. On November 25, 1890, four lode claims, known as the Clipper, Castle, Congress, and Capital, were located by parties other than the owners of the placer claim within the exterior boundaries of that claim. These four lode claims became, by mesne conveyances, the property of the Clipper Mining Company. It applied for a patent, and on November 23, 1893, the defendants in error, as the owners of the Searl placer location, filed an adverse claim and commenced this action in the district court of Lake county, in support of that claim. Judgment was rendered in favor of the plaintiffs, which was affirmed by the supreme court of the state (29 Colo. 377, 93 Am. St. Rep. 89, 68 Pac. 286,) and thereafter this writ of error was sued out.

Messrs. W. H. Bryant, C. S. Thomas, and H. H. Lee for plaintiff in error.

Messrs. John A. Ewing, A. B. Browne, Charles Cavender, and Alexander Britton for defendants in error.

Mr. Justice Brewer delivered the opinion of the court: