Morrison Waite

“ The question to be settled by judicial determination, so far as he is concerned, is as to his own right of possession. He must establish a possessory title n himself, good as against everybody. If there had not been a patent to Fallon, it would have been competent for the defendants to prove on the trial that when Thomas entered, Fallon held and owned a valid and subsisting location of the same property, and was the first discoverer of the lode, the apex of which was within the surface lines of Thomas' claim. ”

“ A valid and subsisting location of mineral lands, made and kept up in accordance with the provisions of the statutes of the United States, has the effect of a grant by the United States of the right of present and exclusive possession of the lands located. If, when one enters on land to make a location, there is another location in full force, which entitles its owner to the exclusive possession of the land, the first location operates as bar to the second. ”

“ It is then made the duty of the adverse claimant to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same to final judgment. ”