Opinion · Supreme Court of the United States

Eilers v. Boatmen

Eilers v. Boatmen, 111 U.S. 356 (1884)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1884-04-14
Topic
general

Mr. Justice Miller delivered the opinion of the court. This, like Chambers v. Harrington, ante, 350, is an appeal from the decree of the Supreme Court of Utah in a contest for a mine carried on under § 2326 of the Revised Statutes. The appellant does not deny the prmrity of location, or the .continuous work on the Nabob — the claim of the appellee— but insists that the notice and description of the claim of the defendants were not sufficient to apprise other prospectors of its precise location.

Citator

UpLaw has not yet analyzed Eilers v. Boatmen. The absence of a flag is not a finding that it is good law.

Cited by
19 opinions

Headnotes

  1. Energy & Utilities Law — Location of Mining Claims Adequacy of the notice and description of a mining claim is a question of fact, and where the location notice contains a sufficient description by reference to natural objects and permanent, well-known monuments to identify the claim, and the claim is so marked on the ground that its boundaries can be readily traced, the notice is sufficient to apprise other prospectors of its precise location.
  2. Civil Procedure — Findings of Fact in Territorial Courts Under the Act of Congress of April 7, 1874, this court is required to accept the findings of fact made by the Supreme Courts of the Territories as true on appeal. 18 Stat. 27 (Act of Apr. 7, 1874); Not stated (citing Stringfellow v. Cain, 99 U.S. 610; Hecht v. Boughton, 105 U.S. 235)
  3. Civil Procedure — Standard of Review Where a territorial Supreme Court affirms the findings of fact of the district court, and the judgment is correct on the facts so found, the judgment will be affirmed; a party's assertion that another mining company was in possession of the lode at the time of location presents no ground for reversal where the court made no such finding.
Mr. Justice Miller

delivered the opinion of the court.

This, like Chambers v. Harrington, ante, 350, is an appeal from the decree of the Supreme Court of Utah in a contest for a mine carried on under § 2326 of the Revised Statutes.

The appellant does not deny the prmrity of location, or the .continuous work on the Nabob — the claim of the appellee— but insists that the notice and description of the claim of the defendants were not sufficient to apprise other prospectors of its precise location.

This, in the first place, is matter of' fact, and was found by the court below against appellant, for we think that the following language, though called by the judge a conclusion of law, is really a finding of facts, namely:

“ 1. That the notice of the location of the Nabob mining claim contained a sufficient description by reference to natural *357 objects and permanent and well-known monuments to identify the same.
“ 2. That said Nabob claim was so marked on the ground that its boundaries could be readily placed.”

If, however, we revert to the specific findings of fact so named in the record, we think the second and fourth findings, which give a more minute description of the courses, distances, natural objects, and stakes, justify the two conclusions above recited.

A point is made by appellant that the Flagstaff Mining Company was in possession of the lode at the time the Nabob claim was located.

We do not see how this would improve the subsequent location of appellant.

But it- is sufficient to say that no such finding is made by the court in regard to the Flagstaff claim.

By chapter 80 of the acts of Congress, approved April 7, 1874,18 Stat. 27, this court is required to accept the findings of fact made by the Supreme Courts of the Territories as true on appeal to this court. See Stringfellow v. Cain, 99 U. S. 610; Hecht v. Boughton, 105 U. S. 235.

In this case the Supreme Court in its judgment affirms the findings of the District Court. As we think the judgment of the Supreme Court of Utah was right on the facts so found, there is nothing left but to

Affirm the judgment, and it is so ordered.