Supreme Court Reporter Volume . 34

Supreme Court Reporter Volume . 34

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...although in fact published and posted, being without the necessary legal basis, was a nullity and ineffectual for any purpose. The patent proceedings, therefore, fall and the entry will be canceled." The record further recites that on November 24, 190S, the Brick Company waived its right to petition for a review of such decision and "thereupon such decision and the cancelation of said entry became final and said entry was canceled on the records of the land office." On the next day, November 25, 1908, the Brick Company filed at the local land office a second application for patent. MeKnight thereupon filed an adverse claim in which he set up that the land described in the Brick Company's application embraced within its limits the Lulu and Agnes claims which had been located by him in April, 1905, and relocated in May, 1906, at which time ho also located the Tip Top, Lynch, and Aurora claims. The patent proceedings in the local land office were stayed in order that MeKnight might, as provided in Rev. Stat. 2326, U. S. Comp. Stat. 1901, p. 1430, bring a suit in a court of competent jurisdiction to try the right of possession. On January 2, 1909, MeKnight brought such suit in the district court of Dona Ana county, New Mexico. It was tried November 8, 1909, before a judge without a jury. At the hearing McKnight introduced the certificates of the locations described in his complaint, and evidence tending to show that he had done the required assessment work on his five claims. In support of his contention that the Brick Company had forfeited its rights, by failing to do the annual assessment work, the record recites that he offered "certified copies of proof filed by the Brick Company in June, 1905, and December, ...
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Product details

  • Paperback | 846 pages
  • 189 x 246 x 43mm | 1,479g
  • United States
  • English
  • black & white illustrations
  • 1236738187
  • 9781236738189