Swanson v. Sears, 224 U.S. 180 (1912)

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Swanson v. Sears


No. 217


Argued March 15, 1912
Decided April 1, 1912
224 U.S. 180

ERROR TO THE SUPREME COURT
OF THE STATE OF IDAHO

Syllabus

A location and discovery on land withdrawn quoad hoc from the public domain by a valid and subsisting mining claim is absolutely void for the purpose of founding a contradictory right; nor does it become valid by reason of the subsequent failure of the right existing when it was filed.

17 Idaho 321 affirmed.

The facts, which involve the construction of the mining law of the United States, are stated in the opinion.