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KENNEDY MINING & MILLING CO. v. ARGONAUT MINING CO.

No. 49.

189 U.S. 1 (1903)

23 S.Ct. 501

47 L.Ed. 685

KENNEDY MINING AND MILLING COMPANY v. ARGONAUT MINING COMPANY.

Supreme Court of United States.

Decided March 9, 1903.

Attorney(s) appearing for the Case

Mr. John Malmesbury Wright and Mr. John Garber for plaintiff in error. Mr. Byron Waters was with them on the brief.

Mr. Curtis H. Lindley for defendant in error. Mr. Henry Eickhoff was with him on the brief.

MR. CHIEF JUSTICE FULLER, after making the foregoing statement, delivered the opinion of the court.

Plaintiff in error contended in the courts below that, by force of sections 2 and 3 of the act of Congress of May 10, 1872, title to the ore in question passed to it through its patent to the Silva mine, and did not pass to the Pioneer through its patent because the end lines of the latter were not parallel to each other.

The defendant in error contended that...

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