Lucius Quintus Cincinnatus Lamar

“ The only question, therefore, which remains for consideration, is whether the proofs in the agreed statement of facts, which are incorporated in the findings of fact, show that the patent should have embraced a width of only 200 feet. By section 2319, Rev. St., mineral lands are open to purchase under regulations prescribed by law, and according to the local custom and rules of miners in the several mining districts not inconsistent with the laws of the United States. Counsel for appellant cites the rules adopted in the Blue Ledge mining district, May 17, 1870, to sustain his position. ”

“ The defendant in his answer denies the plaintiff's ownership and possession, and sets up a paramount title in himself, based upon a patent to him from the United States embracing the land in question. The facts agreed upon by the parties and adopted by the court as findings are substantially as follows: Two mining claims in the Blue Ledge mining district of Utah, known as the 'Central Mining Claim' and the 'Lady of the Lake Mining Claim,' together with all the estate and interest therein, were conveyed to the plaintiff by the original locators and their grantees. ”

“ That was an action commenced in a territorial court under the statutes of that territory, almost literally the same as the statutes of Utah, under which this action arose, and the prayer for relief was precisely the same in both complaints. ”