Rufus Wheeler Peckham

Name: Black v. Elkhorn Mining Company — Opinion of the Court
Author: Rufus Wheeler Peckham

Summary

“Black v. Elkhorn Mining Company — Opinion of the Court”, is a work by Rufus Wheeler Peckham. It explores elements such as locator, the United States and dower.

Quotes from Black v. Elkhorn Mining Company… (Rufus Wheeler Peckham)

Rufus Wheeler Peckham, Black v. Elkhorn Mining Company…

“ If he convey to another a right which may be thus lost, that conveyance would seem to be equivalent to an abandonment by him of all right under the statute. What could be better evidence of an intention to abandon than an actual conveyance of his right to another, ceasing to do any work thereon, and the giving up of his possession in accordance with his conveyance. The abandonment by simply leaving the land is no more efficacious than conveying his rights, and also leaving possession without any intention of returning. ”

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Source: Wikisource

Rufus Wheeler Peckham, Black v. Elkhorn Mining Company…

“ His simple abandonment would leave no right remaining in his wife to claim dower upon his death in the interest thus abandoned. If he add a conveyance as a clearer evidence of abandonment, her alleged right to dower is not strengthened.
By the terms of the statute there is no grant of any right to the wife. It is granted to the locator and to his heirs and assigns, and there is no condition that hampers the right to convey by incumbering it with an inchoate right of dower. And until he does some act towards paying the purchase money he obtains no vested right of purchase or to claim a patent. ”

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Source: Wikisource

Rufus Wheeler Peckham, Black v. Elkhorn Mining Company…

“ His interest in the claim may also be forfeited by his abandonment, with an intention to renounce his right of possession. It cannot be doubted that an actual abandonment of possession by a locator of a mining claim, such as would work an abandonment of any other easement, would terminate all the raight of possession which the locator then had.
An easement in real estate may be abandoned without any writing to that effect, and by any act evincing an intention to give up and renounce the same. ”

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Source: Wikisource

Rufus Wheeler Peckham, Black v. Elkhorn Mining Company…

“ All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase by citizens of the United States.' Section 2320 states the conditions governing mining claims already located as to length, etc., and also to those located after the 10th of May, 1872. ”

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Source: Wikisource

Rufus Wheeler Peckham, Black v. Elkhorn Mining Company…

“ The first question that presents itself is, what is the character of the interest which a locator has in a mining claim under the Revised Statutes of the United States, and prior to the time that he has made any application to purchase, or paid any of the purchase money, and where no patent has been issued to him for the land? Also, what interest does he convey by a conveyance purporting to convey it all, but in which his wife does not join?
'Sec. 2319. In all cases land valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. ”

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Source: Wikisource

Rufus Wheeler Peckham, Black v. Elkhorn Mining Company…

“ Equitable estates shall be subject to a widow's dower, and all real estate of every description contracted for by the husband during his lifetime, the title to which may be completed after his decease.' Another statute of Montana provides that 'the word 'land' or 'lands' and the words 'real estate' shall be construed to include lands, tenements and hereditaments, and all rights thereto and all interests therein.' Comp. ”

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Source: Wikisource

Rufus Wheeler Peckham, Black v. Elkhorn Mining Company…

“ It has been held that this character of interest thus outlined is property, and it is recognized as such in those states of the West whose inhabitants are interested in mines. These claims are subjects of bargain and sale, and constaitute, as it is said, very largely the wealth of the Pacific coast states; and the right to sell, transfer, mortgage and inherit them is recognized by the courts. ”

Rufus Wheeler Peckham

Summary

Quotes from Black v. Elkhorn Mining Company… (Rufus Wheeler Peckham)

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