Kirk v. Olson, 245 U.S. 225 (1917)

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Kirk v. Olson


No. 81


Argued November 23, 1917
Decided December 10, 1917
245 U.S. 225

ERROR TO THE SUPREME COURT
OF THE STATE OF SOUTH DAKOTA

Syllabus

A finding of mineral character made in allowing an entry under the placer mining law is subject to be reconsidered and reversed by the Land Department at any time before the patent issues, upon due notice to the parties interested.

Where land embraced in conflicting placer and homestead entries is found, upon hearing in the Land Department, to be nonmineral and therefore is patented to the homesteader, the finding does not conclude a claimant under the placer entry who was not notified and given opportunity to be heard; a trust might be declared in his favor if he proved the land mineral; but not when the evidence confirms the Department’s finding.

35 S.D. 620 affirmed.

The case is stated in the opinion.