w0o1> v. Asrmz MINING it SMELTING co. 25 l
l Woon et al. v. Aspen Mmme & Smmrme Co. et al. ,
~ (Circuit Court, D. Colorado. August 18, 1888.)
Mmns Arm MINING—LOCATION Ann ACQUTSITION—CITIZENSHIP—EVIDENCE. V
William J. Wood, the locator of the mine in question, was born in Canada,
where he lived until 1870, when he moved to Kansas, leaving his wife and Eve
or six children in Canada. lt ap eared that an entry of public lands had been •
made in Kansas. bly a William Vlpood. who made oath at that time that he was
a citizen, the hea of a family consisting of a wife and seven children, and
that he and his family had resided on the land from September. 1870, to April.
1871. A witness testined that he saw naturalization papers issued in Kansas,
in such locator’s possession, but no record of such papers could be found_in
that state. Held that, the locator’s title to the mine being of recent origin,.
the evidence of his citizenship was insuthcient to support the same. , ,
In Equity. Suit to cancel a conveyance. V
Suit by James A. Wood and others, heirs at law of William J. Wood,
against the Aspen Mining & Smclting Company, Jerome B. Wheeler, and
others, defendants, to set aside a conveyance made by complainants of
their interest in a mine located by said William J. Wood. 7 y .
T. A. Green, for complainants. l .
G. J. Baal, for Wheeler. ·
V T. J. Edsall, for Aspen Mining & Smelting Company. _ ,
  HA1.Ln·r·r, J. In the month of April, 1880, William J. Wood , with two
other persons, located the Emma mine, in Pitkin county,,and s.00¤,afte1·-
wards died intestate. This bill is tiled by complainants, as the heirs at
law of Wood, to set aside certain conveyances made by them of their in-
terests in said mine inherited from William J. Wood, and to establish
their title thereto. It is alleged in the bill that William J. Wood was
at the time of locating the mine a citizen of the United States, and thus
qualified to acquire title to _public mineral lands under section 2319 of
the Revised Statutes. This allegation is denied in the answers, and has
become the subject of proof. It is conceded that Wood was born in
Canada, and lived there until the year 1870, when he came to the state
of Kansas, leaving a wife and tive or six children residing in Canada. In
proof of W ood’s citizenship a _record of an entry of land made by one
WilliamJWood in Greenwood county, Kan., is offered. In that entry
William Wood made oaththat he was a citizen of the United States,
which oath it is claimed establishes the fact. The proof offered in sup-
port of the entry shows that William Wood was the head of a family
consisting of a wife and seven children, and that he had resided with his
family on the land from September 20, 1870, to the date of entry, April
8, 1871. Inasmuch as William J. Wood had then only six children,
and his wife and family werein Canada, it would seem that he was not
the same person who entered the land in Kansas. If he did make such
entry, he gave false testimony as to the number and residence of his
family, which is not to be presumed. He also gave false testimony as _
to ,his_citizenship. He h_ad then been in the country only one year, and