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" It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence... "
Statistics of Mines and Mining in the States and Territories West of the ... - Page 498
1872
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Decisions of the Department of the Interior and the General Land ..., Volume 12

United States. Department of the Interior - Public lands - 1891 - 750 pages
...except the publication of notice and making and filing the affidavit thereof shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction or tbe adverse claim waived. be taken by tlii.s Department towards a disposition of the land involved,...
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Decisions of the Department of the Interior and the General Land ..., Volume 11

United States. Department of the Interior - Public lands - 1891 - 690 pages
...the publication of notice and making and filing of affidavit thereof, until the controversy shall be decided by a court of competent jurisdiction, or the adverse claim waived. Revised Statutes, section 2326. The record shows that notice of the application for patent was published...
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Law of Real Property: Being a Complete Compendium of Real Estate ..., Volume 1

Emerson E. Ballard, Tilghman Ethan Ballard - Real property - 1892 - 832 pages
...on the land, etc. Sec. 2326 provides also for proceedings upon filing adverse claims, declaring that it shall be the duty of the adverse claimant, within...question of the right of possession, and prosecute the same with reasonable diligence to final judgment. The sole question in this case is whether the...
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Decisions of the Department of the Interior and the General Land ..., Volume 14

United States. Department of the Interior - Public lands - 1892 - 762 pages
...than a year thereafter. By section 2326 of the Revised Statutes, it is provided that — It shall bo the duty of the adverse claimant, within thirty days...court of competent jurisdiction, to determine the i|uustiou of the right of possession, and prosecute the same with reasonable diligence to final jndgment,...
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Decisions of the Department of the Interior and the General Land ..., Volume 14

United States. Department of the Interior - Public lands - 1892 - 762 pages
...it is provided that— It ahull bo the duty of the adverse claimant, within thirty days after tiling his claim, to commence proceedings in a court of competent...question of the right of possession, and prosecute the same with reasonable diligence to final judgment, and a failure so to do shall bo a waiver of his...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1902 - 832 pages
...section 2326 of the Revised Statutes, under which the adverse claim is prosecuted, requires the claimant to commence proceedings in a court of competent jurisdiction...determine the question of the right of possession, and to prosecute the same with reasonable diligence to final judgment. The averments of the complaint base...
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The Pacific Reporter, Volume 31

Law reports, digests, etc - 1893 - 1164 pages
...shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the...question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waivcrof his...
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The Pacific Reporter, Volume 31

Law reports, digests, etc - 1893 - 1176 pages
...the publication of notice and making and filing of the affidavit thereof, shall be stayed until the controversy shall have been settled or decided by...the duty of the adverse claimant, within thirty days «fter filing his claim, to commence proceedings In a court of competent jurisdiction, to determine...
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Bulletin

Mines and mineral resources - 1915 - 976 pages
...the publication of notice and making and filing of the affidavits thereof, shall be stayed until the controversy shall have been settled or decided by...shall be the duty of the adverse claimant, within 30 days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine...
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Bulletin

United States. Bureau of Mines - Mines and mineral resources - 1915 - 948 pages
...or lode to set up such claim when an application is made for a patent and within 30 days thereafter to commence proceedings in a court of competent jurisdiction...determine the question of the right of possession and to prosecute the same diligently to final judgment. Jackson v. Roby, 109 US 440, p. 442. Chambers v....
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