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BLACK v. ELKHORN MINING COMPANY

No. 220.

163 U.S. 445 (1896)

16 S.Ct. 1101

41 L.Ed. 221

BLACK, v. ELKHORN MINING COMPANY.

Supreme Court of United States.

Decided May 18, 1896.

Attorney(s) appearing for the Case

Mr. Thomas H. Carter for plaintiff in error. Mr. Robert B. Smith and Mr. Robert L. Word filed a brief for the same.

Mr. W.E. Cullen for defendant in error. Mr. J.K. Toole was on his brief.

MR. JUSTICE PECKHAM delivered the opinion of the court.

This is a writ of error to the Circuit Court of Appeals for the Ninth Circuit. The action was brought by the plaintiff in error for the purpose of recovering dower in a mining claim in Montana, a fractional interest in which was owned by her husband during coverture. The question is whether a mere locator of a mining claim in the State of Montana and under the laws of the United States, and having only the possessory...

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