United States v. Iron Silver Mining Co.

• Decision Date: 23 June 1883
• Citation: 16 F. 810
• Parties: UNITED STATES v. IRON SILVER MINING CO. and others.
• Court: U.S. District Court — District of Colorado

16 F. 810

UNITED STATES v. IRON SILVER MINING CO. and others.

United States Circuit Court, D. Colorado.

June 23, 1883

Andrew W. Brazee, for the United States.

C. G Symes, for defendant.

McCRARY J., (orally.)

I have considered the demurrer to the complaint in the case of the United States of America against the Iron Silver Mining Company, which is a bill in chancery filed on behalf of the United States to set aside a patent upon the ground that the same has been obtained by fraud. The bill is, of course somewhat lengthy, but I think I can state the substance of the allegations, so far as they charge fraud, without reading it.

It is alleged that the land in question was covered with timber also, that it contained sundry veins, lodes, ledges, and seams bearing silver, gold, and lead, in rock in place, of great value. It is further alleged that the land was of no value as placer mining ground; that about October, 1879 James A. Sawyer, and others to complainant unknown, discovered sundry lodes, ledges, veins, and deposits in rock in place on said land, carrying gold, silver, lead, etc.; that besides these discoveries there were then indications of divers other lodes carrying certain metals, which indications were apparent to persons skilled and expert in that behalf; that there was no placer mining ground on the land; that said Sawyer and others conspired together to cheat and defraud the complainant, and did conspire with certain persons named, and others unknown, to obtain fraudulently a patent for said parcels of land, and for each of them, upon the pretense that the same were placer grounds and subject to entry as such; that they conspired and confederated together to falsely represent to the register and receiver at Leadville, and other land-offices of the United States, that the said land was placer mining ground and subject to entry as such, when in truth such was not the fact, and the land was only subject to entry as lodes, leads, veins, ledges, or deposits. It is further averred that prior to this time said Sawyer had located the Andrew Jackson lode and the Ferguson lode and the Bonanza Queen lode and the Lizzie Belle load, all upon the said lands, and divers other lode claims that have been located thereon. It is averred that there was an agreement that Sawyer was to abandon his lode claims and enter the land as placer mining claims for the benefit of respondent. Applications for...