Supreme Court of the United States May 2, 1904, 76 (Clipper Mining Co. v. Eli Mining & Land Co.)

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Mr. Justice Brewer,

after making the foregoing statement, delivered the opinion of the court.

The location of the placer mining claim and both the original and amended applications for patent thereof were long prior to the locations of the lode claims, and the contention of the plaintiffs is, that they, by virtue of their location, became entitled to the exclusive possession of the surface