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LARKIN v. UPTON

No. 175.

144 U.S. 19 (1892)

12 S.Ct. 614

36 L.Ed. 330

LARKIN, v. UPTON.

Supreme Court of United States.

Decided March 14, 1892.

Attorney(s) appearing for the Case

Mr. W.M. Stewart (with whom was Mr. M. Kirkpatrick on the brief) for plaintiffs in error.

Mr. S.S. Burdett and Mr. W.W. Dixon (with whom was Mr. M.F. Morris on the brief) for defendants in error.

MR. JUSTICE BREWER delivered the opinion of the court.

The first judgment was reversed by the Supreme Court of the Territory, on the ground that there had been no discovery of a vein or lode within the Comanche territory at the time of the location of that claim. Immediately north of the Comanche was the Shannon claim, which at the time of the commencement of this suit had been surveyed and patented; and it appears from the opinion of the Supreme Court, that at the...

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