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DEL MONTE MIN. CO. v. LAST CHANCE MIN. CO.

No. 147.

171 U.S. 55 (1898)

18 S.Ct. 895

43 L.Ed. 72

DEL MONTE MINING AND MILLING COMPANY, v. LAST CHANCE MINING AND MILLING COMPANY.

Supreme Court of United States.

Decided May 23, 1898.

Attorney(s) appearing for the Case

Mr. Charles S. Thomas for Del Monte Mining & Milling Company. Mr. William H. Bryant and Mr. Harry H. Lee were on his brief.

Mr. Joel F. Vaile for Last Chance Mining & Milling Company. Mr. Edward O. Wolcott was on his brief.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

The questions thus presented are not only important but difficult, involving as they do the construction of the statutes of the United States in respect to mining claims. As leading up to a clearer understanding of those statutes it may be well to notice the law in existence prior thereto. The general rule of the common law was that whoever had the fee of the soil owned all below the surface...

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