Show RECENT MINING DECISIONS prepared for the mining review by higgins senior attorneys lode locations extra lateral rights where the end lines of a mining claim are not at right angles with the side lines the distance between the side lines and not the length of the end lines measure the width of the claim provided no for forcible cible entry is made a junior locator may project the end lines of his claim across the surface of a senior location for the purpose of fixing rights to so much of the vein as is subject to location davis et al v shep shepard ard colo 72 pac rep 57 location necessity of discover discovery y rev st U S sec 2320 relating to the location of mining claims on public land of the united states provides that no location shall be made until the discovery of a vein or 1 ode lode within the limits of the claim located held that one who had entered on a vacant twenty acre tract and had begun prospecting shafts but had made no discovery could not enjoin a trespass on the tract he not alleging that the trespass was upon the ground surrounding his shaft and of which he was in the actual occupancy under such circumstances no location had been made and none could he be for a location can rest only upon an actual discovery of a vein or lode under such circumstances cum stances the fact that he who claimed ownership had posted notices of location would in no wise enlarge the right acquired until a discovery of a vein or lode is made madd no right of possession to any definite portion of public mineral land can be initiated until that is done the prospectors rights are confined to the ground in his actual possession and until such possession is disturbed no right of action accrues gemmel v swain et al mont 72 pac rep location of placer excess in width right to relocate re locate excess A second locator cannot enter within the boundaries of a placer mining claim as staked by a prior locator and make a valid location of the ground of which the first locator is in actual possession and which he is engaged in working on the theory that the first claim as staked exceeded the width prescribed by the local rules and regulations conceding that as to the excess in width the original location was void and such excess subject to relocation location re the owner was entitled to select the portion which he would hold and to draw in his lines and could not be ousted from the portion he was engaged in working in good faith by a second locator thereon mackintosh et al v price et al fed rep |