Show LATEST MINING DECISIONS prepared for the mining review by westervelt thompson attorneys S salt alt lake lahe city ity mines lines and minerals mineral lands 7 mortgage where a mining corporation in in good faith works by ordinary mining processes deposits depo gits of stone and other mineral on its land with a view to utilizing the product for commercial purposes the land so worked is minina min mining ground within the act of april 3 1880 laws of Calf california fornia p see sec I 1 making it unlawful for such corporations to sell lease or mortgage any any part of their it mining in grounds ground unless ratified by the holders of at least two thirds of the capital stock 9 whether the undertaking is profitable or not and whether sound discretion would approve that use of the land or not johnson vs california co 59 pac cal conflicting locations intersections patent on an mining clai claims ms under the revised united states statutes section 2322 which provides that the locators of all mining claims onland on lany mineral vein where no adverse claim exists on the of may alay 1872 shall have the exclusive right of possession and enjoyment of all surface included within the lines of their locations and all veins lodes and nd ledges throughout their entire depth the top or apex of which lies within such surface lines extended downward vertically although such veins lodes or ledges may may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface location and id see sec 2336 which provides that where two or more veins intersect or cross each other priority of title shall govern and such pr prior bior i location shall be entitled entitled to all ore or mineral contained within the space of intersection but the subsequent location shall have the right of way through the space of intersection for the purpose of the convenient working of the mine the space of intersection in determining the ownership of ore within such space where the claims cross and intersect on the strike of the lodes means the intersection of the claims and not merely of the veins hence plaintiff who located the prior claim is entitled to all that portion of defendants vein within the side and end lines of its said claims extended vertically downward and for damages aces for ore removed mills ann st colorado sec which provides that a tunnel claim located for the fole purpose of discovery shall have the right of way through a lode or lodes which may lie in its course has been superceded superseded super ceded by rev st U S see sec 1323 whish h provides that when a tunnel is run for the discovery of mines the owners shall have the right 11 of possession of all veins or lodes within feet from the face of such tunnel on the line thereof not previously known to exist discovered in such tunnel to the same extent as if discovered from the surface and locations on the line of such tunnel of veins or lodes not appearing on the surface made by other parties af after ter the commencement of the tunnel and while the same is being prosecuted with reasonable dilli gence shall be invalid under which the owners of a tunnel for discovery have no right of way through 11 a previous valid subsisting claim where a patent for a mining claim has been issued it conclusively settles as against collateral attack that all steps necessary to constitute a valid location of such claim have been taken hence evidence by the owners of a tunnel site who have tunneled and discovered blind leads underneath a lode lodd claim upon which receivers receipt has issued prior to the location of the tunnel site and the patent issued thereto after such location that no ore in place had been discovered on such claim as required by law thereby rendering reD derin it invalid and fixing axing the ownership of such leads in them was properly excluded defendant under a tunnel site location had entered underneath the surface plaintiffs claim cl aim which had been located prior to such tunnel with a view to extending such tunnel through the same under a supposed rig right lit which under the lawit law it did not possess he held jd that the overruling of defendants motion for leave to develop blind veins discovered by him in such tunnel within the lines of plaintiffs claim extended verticals verti vertically call y downward for the purpose of establishing their character was proper since such act would constitute a trespass upon plaintiffs property calhoun gold mining co vs ajax gold IN mining lining co 59 pac colo |