A Treatise On the Law of Water Rights As the Same is Formulated And Applied in the Pacific States : Including the Doctrine of Appropriation And the Statutes And Decisions Relating to Irrigation
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Defend- ants claim that, under the doc- trine of Tibbitts v. Ah Tong, 4 Mont. 536, 2 Pac. Rep. 759, and Wulf V. Manuel, 9 Mont. 276, 23 Pac. Rep. 723, Chinamen cannot take real estate, and therefore that the grant of this water right and ditch to the Chinamen was an abandonment by the original own- ers, and hence plaintiff took no title from the Chinamen. In those cases the real estate in question was mining claims upon the pub- lic domain of the United States. In Wulf V. Manuel we endeavored t...o make it clear that such mining claims were a class of real estate sui generis, and the doctrine of those cases was placed upon the peculiar character of the real es- tate in question, by virtue of the provisions of the United States statutes which opened the mineral lands of the United States to ex- ploration and purchase by citizens of the United States and those who had declared their intentions to become such. We said in Wulf V. Manuel, page 285, 9 Mont., and page 725, 23 Pac. Rep. : ' No other persons may apply to purchase [such mineral lands] from the United States.
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