Cook

Cook v. Klonos

Good Law
164 F. 529·3 Alaska Fed. 187·90 C.C.A. 403·1908 U.S. App. LEXIS 4649
United States Court of Appeals for the Ninth CircuitOctober 5, 1908No. 1,510California5,535 words

Opinion

Lead Opinion

Morrow, J.

This action was commenced by appellants against the appellees in the District Court for the Territory of Alaska, Third Division, April 20, 1905. A second amended and supplemental complaint was filed April 28, 1905, setting up three causes of action: (1) An action on the part of plaintiffs (appellants) against defendants (appellees), alleging that since the 24th day of March, 1905, the plaintiffs have been the owners in fee, as to all persons save the United States, of a certain placer mining claim in the Fairbanks recording district, situated on the right limit of Dome creek, and known as the “Dome Group,” more particularly marked upon the ground and described by courses, distances, and stakes. It is alleged that the *189 defendants claim an estate or interest in said property adverse to the plaintiffs, but that said claim is without any right whatever. (2) It is alleged in the second cause of action that prior to thé 24th day of March, 1905, the property described was a part of the vacant and unappropriated public domain of the United States, and was free and open to exploration and purchase by the citizens thereof for the valuable mineral deposits therein contained; that on the…

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