Del Monte Mining And Milling Company v. Last Chance Mining And Milling Company

171 U.S. 55 (1898)

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Nature of the Case

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Facts

P and D are involved in a dispute over mining claims over land in Mineral County, Colorado. D owns the Del Monte Lode mining claim, patented on February 3, 1894, after an entry made on February 27, 1893. D owns the Last Chance Lode mining claim, patented on July 5, 1894, following entry on March 1, 1894. A third party is involved under the New York Lode mining claim, patented on April 5, 1894, on an August 26, 1893 entry. A vein of ore that crosses through P's and D's claims and underlies D's claim. D wants to know if it has the right to follow the vein beneath the surface of D's claim, despite the vein's apex not being within P's or D's surface boundaries. Questions were certified.