# Last Chance Mining Company v. Tyler Mining Company

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United States Supreme Court
157 U.S. 683
Last Chance Mining Company v. Tyler Mining Company
On August 8, 1891, the Tyler Mining Company brought its action in the circuit court of the United States for the district of Idaho to recover of the Last Chance Mining Company and others the possession of a certain portion of a mineral vein, as well as the value of the ores theretofore taken from the vein by the defendants. After disclaimer by two, and answer by the Last Chance Mining Company and other defendants, the case came on for trial. In this there was a verdict and judgment for the defendants. This judgment was reversed on error by the court of appeals of the Ninth circuit, and a new trial ordered. 4 C. C. A. 329, 54 Fed. 284, and 7 U.S. App. 463. At the February term, 1893, of the circuit court for the district of Idaho, the new trial directed by the court of appeals was had, and resulted in a verdict and judgment for the plaintiff. On error to the court of appeals this judgment was, on April 2, 1894, affirmed (9 C. C. A. 613, 61 Fed. 557), whereupon, on application of the defendants, the case as brought to this court by writ of certiorari.
The following diagram, taken substantially from the first opinion of the court of appeals, fully illustrates the situation of the respective claims:
The controversy is between the owners of the Tyler claim and those of the Last Chance claim. As appears from the diagram, the Tyler claim, as originally located (1, 2, 3, 4), conflicts with the Last Chance claim (7, 8, 9, 10) in the triangular piece marked 'A.' On April 19, 1887, the owners of the Tyler claim made application for a patent for the entire claim as thus originally located. To this application the owners of the Last Chance claim filed, under the authority of sections 2325, 2326, Rev. St., an adverse claim to the conflicting ground, A, and thereafter commenced the required action in the district court of the First judicial district of Idaho territory. In that action the owners of the Tyler claim appeared and filed answer, but when the case was called for trial the answer was withdrawn, and a judgment entered in favoro f the plaintiffs. No reason for this withdrawal appears in the record of the proceedings of the district court; but the testimony in this case shows that pending those proceedings the owners of the Tyler claim amended their application for purchase in the land department by excluding therefrom the territory marked on the diagram 3, 4, 5, 6, thus leaving their application only for the territory outside the boundaries of the Last Chance claim.
At the first trial in the circuit court the record of this judgment in the district court was admitted in evidence for the purpose of showing that the Last chance claim had priority of location over the Tyler claim. On review in the court of appeals its admission was adjudged error, and by reason thereof the judgment of the circuit court was reversed. On the second trial in the latter court the record was again offered, but was excluded, and this ruling was sustained by the court of appeals.
According to the original location of the Tyler claim, the lode entered through an end line, 1, 2, but passed out through a side line, 2, 3, and did not touch the end line, 3, 4. Under the amended location it passed through two parallel end lines, 1, 2, and 5, 6. The amended application was accepted by the land office, and a final certificate for the tract, with the reduced boundaries, was issued to the owners of the claim. Within the vertical planes of the end lines, 1, 2, and 5, 6, extended, the ore bodies in dispute are found; and, the dip of the vein being in that direction, it was held that the owners of the Tyler claim were entitled to follow the vein on its dip beyond the side line (2,6), and took these ore bodies as a part of the vein thus followed.
W. B. Heyburn and C. S. Voorhees, for plaintiffs in error.
Arthur Brown, John R. McBride, and J. N. Dolph, for defendant in error.
Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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