Show LATEST MINING DECISIONS prepared for the mining alining review by george G westervelt attorney salt lake lahe city adverse claim jurisdiction of federal courts federal question when the allegations allec rations of a bill show that the respective parties to the suit are making r adverse claims to the same land under the mineral land laws of the united states and that the proper determination of such conflicting claims necessarily requires the application and construction of those laws a federal court has jurisdiction of the suit for such purpose the property in controversy being alleged to be of the requisite statutory value nevada sierra oil co vs miller liller X 97 fed oil placer claims discovery there can be no valid location of petroleum lands under the mineral laws relating to placer claims without a prior valid discovery of mineral within the limits of the claim ibid same sufficiency of discovery priority to constitute a prior discovery which will support a location of public ground as an oil placer claim under the minin mining laws the loca tor must have actually discovered oil within the limits of the claim mere surface indications of tle the existence of oil therein however strong are not sufficient nor is the existence of oil upon adjoining lands in the absence of any intervening rights the fact that mineral is not discovered on a claim until after the notice is posted and the boundaries marked is immaterial and where the discovery is the result of work subsequently done by the locator his possessory rights the under his location are complete from f rom t date of such discovery while it is not mot necessary that a locator should be the first discoverer of mineral m line al upon the land yet in order that a prior discovery by another shall inure to his benefit and t give give validity to his location it must havo have been known to and adopted and claimed by him nevada sierra oil co vs home oil co 98 fed |