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JACKSON V. ROBY, 109 U. S. 440 (1883)

U.S. Supreme Court

Jackson v. Roby, 109 U.S. 440 (1883)

Jackson v. Roby

Submitted October 31, 1883

Decided December 3, 1883

109 U.S. 440


1. Section 2324 Rev.Stat. enacts that where certain mining claims referred to in the section are held in common, the expenditure upon them required by the act may be made upon any one claim. Held that the act contemplates

Page 109 U. S. 441

that this expenditure is to be made for the common benefit, and that one enjoying a mining right defined by metes and bounds does not, by expending money upon a flume which passes over adjoining land and deposits the waste from his mine on that land without benefit to such adjoining land, and without other evidence of a claim to it, thereby make an expenditure upon it within the meaning of the Revised Statutes.

2. In a suit under § 2326 of the Revised Statutes to determine adverse claims to lands containing valuable mineral deposits, if neither party shows a compliance with the requirements of law in regard to work done upon the claim, the finding should be against both.

This was a suit under § 2326 of the Revised Statutes to determine adverse claims to lands in Colorado with mineral deposits. The facts and the relations of the parties are fully set forth in the opinion of the Court.

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