Court
Circuit Court of Appeals for the Ninth Circuit
Decided
Judge
Mr. Justice Peckham
Posture
Judgment against plaintiff on demurrer in Circuit Court
Plaintiff in error (widow seeking dower) (1)
Black
Mr. Thomas H. Carter, Mr. Robert JB. Smith, Mr. Robert L. Word
v.
Defendant in error (grantee of mining claim) (1)
Elkhorn Mining Company
Mr. W. E. Cullen, Mr. J. K. Toole
Overview
The judgment is Affirmed.
Case summary
The widow of Leander W. Black sought dower in a mining claim in Montana that her husband had owned during their marriage but sold without her joining the conveyance. The Supreme Court held that a locator of an unpatented mining claim under federal law has only a conditional possessory right, not an estate of inheritance subject to dower under Montana statute. The husband's conveyance of his interest constituted abandonment of all rights, extinguishing any possible dower claim by the widow. The judgment denying dower was affirmed.
Abstract
A widow sought dower in a mining claim her husband owned during marriage but sold without her joinder. The court held that a locator of an unpatented mining claim has only a conditional possessory right, not an estate of inheritance subject to dower under state statute. The husband's conveyance abandoned all rights, extinguishing the dower claim, and the denial of dower was affirmed.
Opinion of the court
Majority
opinionMr. Justice Peckham
opinionMr. Justice Peckham
- Federal mining statutes grant locators conditional possessory rights, not estates of inheritance
- Dower under Montana statute requires husband to be seized of estate of inheritance
- Conveyance by husband abandoned all rights in mining claim
- No dower attaches to such conditional interests
Jurisdiction
not challengedSubject matter
Writ of error to the Circuit Court of Appeals for the Ninth Circuit
Jurisdictional facts
- Case commenced in state court, removed to U.S. Circuit Court for District of Montana
- Writ of error to review judgment of Circuit Court of Appeals
Procedural posture
Posture at trial
Judgment against plaintiff on demurrer in Circuit Court
Posture on appeal
Direct appeal via writ of error
Preserved issues
- Whether a locator of an unpatented mining claim has an estate subject to dower under Montana statute
Subsequent history
Petition for rehearing
not filed
Rehearing en banc
not filed
Petition for certiorari
not filed
Legal categories
Estate Planning and Real Estate
Case record
Full case name
BLACK v. ELKHORN MINING COMPANY
Docket number
No. 220
Court
Supreme Court of the United States
Trial court
Circuit Court of Appeals for the Ninth Circuit
Decided
Opinion author
Mr. Justice Peckham
Opinion type
published
Precedential status
precedential
Judges on panel
Mr. Justice Peckham
Issues & holdings
1
Issues raised
1
affirmed
1
Holdings
1
Whether a locator of an unpatented mining claim under U.S. laws has such an estate in the property as will sustain a claim for dower under Montana statute
affirmed
Standard of review
de novo
Disposition rationale
Locator's interest is conditional possessory right, not an estate subject to dower; conveyance by husband abandoned all rights, extinguishing any possible dower claim
Preservation
Issue preserved for review
Holdings of the court
Dower rights in unpatented mining claims
A locator of an unpatented mining claim under U.S. laws, having only possessory rights, does not have such an interest in the property as will sustain a claim for dower against the grantee of the husband
The interest granted by U.S. statutes is a conditional right of possession subject to forfeiture for non-performance of work or abandonment; it is not an estate of inheritance to which dower attaches. Conveyance by husband constituted abandonment of all rights, terminating any possible dower claim.
unanimousbinding precedent
Statutory interpretation
2Statute
Revised Statutes of the United States, Sections 2318-2326
Question
Character of interest granted to locators of mining claims
Court's reading
Locators have conditional right of possession subject to forfeiture for non-performance of work or abandonment; not an estate of inheritance
Canons applied
Plain meaningStatutory context
no legislative history
Statute
Montana dower statute (1 Laws of Montana, 1876, chapter 63)
Question
Whether mining claim interest qualifies as 'lands' or 'real estate' where husband was 'seized of an estate of inheritance'
Court's reading
Conditional possessory right under federal law does not constitute estate of inheritance subject to dower
Canons applied
Plain meaningHarmonization with federal law
no legislative history
Burden of proof
Standards of review
- Interpretation of federal mining statutes and Montana dower statute — de novo Legal questions of statutory interpretation reviewed de novo
Timeline
Procedural path
Interest conveyedHusband diedPatent applicationPatent issued
4
Events
3,910
Days, incident to ruling
—
Span
factual eventcited in opinion
Leander W. Black sold and conveyed his two-fifths interest in A.M. Holter quartz lode mining claim to Burton; plaintiff did not join conveyance
Outcome: Conveyance completed
Transfer of mining claim interest that plaintiff claims should be subject to dower
Whether conveyance extinguished any dower rights
factual eventcited in opinion
Leander W. Black died intestate
Outcome: Death of property owner
Plaintiff's dower claim arises upon husband's death
Dower rights under Montana statute
procedural eventcited in opinion
Application made to U.S. land office by defendant's predecessor to enter mining claim for patent
Outcome: Patent proceedings initiated
Beginning of process to obtain federal patent for mining claim
Effect of patent on dower rights
procedural eventcited in opinion
Patent issued by United States covering whole interest in mining claim
Outcome: Patent granted
Federal title conveyed, extinguishing mining claim estate
Whether patent merged mining claim into paramount title
Facts & evidence
Incident
Location
Montana
Key facts
6 facts- Plaintiff is widow of Leander W. Black, who died intestate in July 1881
- During marriage, Black owned undivided two-fifths of A.M. Holter quartz lode mining claim
- Black sold his interest to Burton on March 7, 1879; plaintiff did not join conveyance
- Interest passed through mesne conveyances to defendant
- Patent issued by U.S. on November 19, 1889 to defendant's predecessor
- Plaintiff filed no protest or adverse claim during patent proceedings
Disputed questions
- Whether Black's interest as locator was sufficient to support dower claim
Procedural history
5 steps- Case commenced in state court
- Removed to U.S. Circuit Court for District of Montana
- Circuit Court held plaintiff had contingent dower interest but patent extinguished it
- Circuit Court of Appeals for Ninth Circuit affirmed
- Writ of error to Supreme Court
Evidence in the record
Documentary
- Conveyance from Black to Burton (March 7, 1879)
- Patent issued by United States (November 19, 1889)
- Montana dower statute (1 Laws of Montana, 1876, chapter 63)
- Montana definition statute (Section 202, Compiled Laws of Montana)
Objects of relevance
A.M. Holter quartz lode mining claimPatent document issued by United States
Policy considerations
- Recognition of mining claims as important wealth in Pacific Coast States
- Need for clear rules regarding transfer and inheritance of mining interests
Authorities
Cited authorities (8)
94 U. S. 762
followedprecedentCited for Congress's recognition of possessory rights of miners without parting with title to land
104 U. S. 279
followedprecedentCited for recognition of mining claims as property subject to bargain and sale
152 U. S. 505
followedprecedentCited for recognition of mining claims as property
ante, 160
appliedprecedentCited for procedure when adverse claim is filed to patent application
145 U. S. 428
followedprecedentCited for principle that locator obtains no vested right to purchase until paying purchase money
91 U. S. 330
followedprecedentCited for principle applying to locators who have paid nothing for lands
110 N. Y. 595
appliedpersuasiveCited for principle that easements may be abandoned without writing
139 N. Y. 19
appliedpersuasiveCited for principle of abandonment of easements
Related cases (8)
Forbes v. Gracey, 94 U. S. 762
precedentCited for proposition that Congress has recognized possessory rights of miners but not parted with title to land
Belk v. Meagher, 104 U. S. 279
precedentCited for recognition of mining claims as property subject to bargain and sale
Manuel v. Wulff, 152 U. S. 505
precedentCited for recognition of mining claims as property
Perego v. Dodge, ante, 160
precedentCited for procedure when adverse claim is filed to patent application
Benson Mining & Smelting Co. v. Alta Mining & Smelting Co., 145 U. S. 428
precedentCited for principle that locator obtains no vested right to purchase until paying purchase money
Shepley v. Cowan, 91 U. S. 330
precedentCited for principle applying to locators who have paid nothing for lands
Snell v. Levitt, 110 N. Y. 595
persuasiveCited for principle that easements may be abandoned without writing
White v. Manhattan Railway Co., 139 N. Y. 19
persuasiveCited for principle of abandonment of easements
Statutes
- Revised Statutes of the United States, Sections 2318-2326 (federal mining laws)
- 1 Laws of Montana, 1876, chapter 63 (Montana dower statute)
- Section 202, Compiled Laws of Montana (definition of 'lands')
Standards & doctrines
- De novo review of statutory interpretation
- Conditional property rights doctrine
Legal principles applied
- Federal supremacy in defining interests in federal lands
- Dower attaches only to estates of inheritance
- Abandonment terminates conditional property rights
Notable quotes
“The interest in a mining claim, prior to the payment of any money for the granting of a patent for the land, is nothing more than a right to the exclusive possession of the land based upon conditions subsequent, a failure to fulfil which forfeits the locator’s interest in the claim.”Mr. Justice Peckham — Describing the nature of a locator's interest under federal mining statutesCentral to holding that such interest is not an estate subject to dower
“We do not think that under the Federal statute the locator takes such an estate in the claim that dower attaches to it.”Mr. Justice Peckham — Conclusion on the main legal issueDirect holding that dower does not attach to mining claim interests
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Action type
affirmed
Target
judgment of Circuit Court of Appeals for Ninth Circuit
Appealed from
Circuit Court of Appeals for Ninth Circuit
Citation
7 U. S. App. 393
Context
Supreme Court affirms judgment denying dower to plaintiff, holding locator's interest not subject to dower
Scope
full
Disposition vote
unanimous
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