Show RECENT MINING DECISIONS prepared b by y judge E V higgins 6 IF walker building salt lake city eje ejectment cament defendant may show patent wrongfully obtained the defendant in ejects ejectment ent for a mining claim held by plaintiff under government patent may show that he is the holder of a prior claim thereto and that plaintiffs plaintiff Is patent was wrongfully obtained murray v montana lumber afy co mont 65 pac rep in such a case the defendant is not required to show a successful resistance to the P plaintiffs application for patent ib net proceeds of mines where taxable ground partly within city boundaries the net proceeds of a mine partly within and partly without the limits of a city are properly taxable by the city at the place where the ores are taken to the surface through the main workings and being beine personal property should be taxed as other eureka hill min co v city of eureka utah 63 pao pac rep application for patent annual assessment thereafter unnecessary in proceedings before the land department due dili diligence gencO in in prosecuting application necessary when the right to a patent to a mining claim lias has been fully acquired the equitable title in the purchase is complete and there is no obligation on his part to make further expenditure pend iture in labor or improvements on the claim under see sec 2324 of the revised statutes and no interest can thereafter be acquired by relocation location re or otherwise against him the annual expenditure of one hundred dollars in labor or improvements ona on a mining claim I 1 required by see sec 2324 of the revised statutes is solely a matter between rival or adverse claimants to the sime same mineral land and goes only to the right of possession the determination of which is committed exclusively to the courts it is a matter with which the land department has nothing to do and hence can make no determination with respect to it the failure of any applicant for the patent to a mining 7 claim to prosecute his application to completion by filing the necessary proofs and making payment for the land within a reasonable time after the expiration of the period of publication of notice of the application or after the termination of adverse proceedings cee ce edings dinas in courts constitutes a waiver by the applicant of all rights obtained by the earlier proceedings t upon the application acting secretary ryan to the commissioner of general land office in re luthye et al V northern pacific R R co decisions relating to public lands page 2102 1 I |