v0755-589
JJ
United States Circuit Court
of Appeals
For the Ninth Circuit
United States of America,
A'p'pellant,
vs.
- FiCKETT,
Appellee.
Appellee's Reply to
the Reply Brief of
Appellant.
For the reason that the appellant in its first brief did not
state its case, but left the appellee uncertain as to what
points it would rely upon, we feel that we have a right to
reply to the reply brief of appellant. Appellant in its reply
brief for the first time sets up its contentions, and were we
not allowed a reply to these contentions we would be de-
prived, it seems to us, of a substantial right.
Appellant contends that the United States does not make
a grant to the locator of a mining claim, and thence argues
that the use of the word omried in the indictment, wherein
it is averred that the unpatented mining claims in question
are owned by a private corporation, does not imply a grant.
As all unpatented mining claims belonged originally to the
United States it is difficult to perceive how a locator could
own an unpatented mining claim unless the United States,
the original owner, granted to the locator something in the
archive.org Volume Name: govuscourtsca9briefs0755
Volume: http://archive.org/stream/govuscourtsca9briefs0755
Document Link: http://archive.org/stream/govuscourtsca9briefs0755#page/n588/mode/1up
Top Keywords (auto-generated):
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Top Key Phrases (auto-generated):
public lands, mining claims, unpatented mining, public lands., gov ernment, public land, private corporation, para mount, naked fee., naked fee, mount title, merely reserving, merely holds, government itself, word omried
Document Status: UGLY