Show RECENT MINING DECISIONS prepared forthe mining review adverse chiara chiam what law governs procedure rev st SL TJ S section 12 U S comp st 1901 p 1430 provides that where an adverse claim to a mining location is filed during publication of notice of application for a patent all proceedings except the publication of notice and the making and filing of the affidavits shall be stayed until the controversy shall have been decided by a court of competent jurisdiction is or the adverse claim waived and requires the adverse claimant within thirty days after filing his claim to sue in a court of competent jurisdiction to determine the right to possession and prosecute the same to final judgment with reasonable diligence held that where after filing an adverse claim plaintiff sued in a state court to quiet title thereto as authorized by code chiv proc section such suit was governed by the state law and was not affected by the statutes of the united states bernard v parmelee court of appeal third district california 92 pacific delay in filing adverse claim on the application to dis dismiss raiv an action to quiet title to a mining location in support of an adverse claim for want of prosecution the court as a basis for the exercise of discretion was entitled to consider that plaintiffs affidavits showing his adverse claim were not filed in the land office until the last day of tl the a publication of the notice of anc ants s application for a patent and that the action to quiet title was not brought until the last day of the thiry allowed by rev st U S section 2326 2 TJ S comp st 1901 p 1430 bernard v parmelee court of appeal third district california 92 pacific cefic smoke qualification of wit a winess knows from observation and experience that tree and plant life are destroyed by fumes and smoke from a smelter he may testify to that fact even though he be may not be able to explain the chemical processes by which the destruction is brou wrought park v northport North port smelting smelling Sm elting refining co supreme court of washington 92 pacific asphaltum in veins not locatable Loca table by placer claims claim s asphaltum in lodes or veins in rock in place may be entered patented by means of lode raining mining chatra clairl under section 2320 rev st U g S conj corl D st 1901 p 1424 and it may not be becu secure re by means of placer claims u under 2329 nor under act feb 11 1897 c A stat ag U S comp st 1901 p 1434 garding the entry of lands co containing n ta I 1 n in g pa tro leura or other mineral oils webb v american asphaltum mining co cincu court of appeal federal performance of drilling contract jury in an action to recover the price pe PC foot for drilling under a contract pro providen provi disi oil well should be drilled that an to a cek cei tain depth unless oil be found at a le lea depth in quantities satisfactory to the 01 0 1 company whether such well was drilled t a proper depth in accordance with tract and skill and workmanship r i a question of fact for the jury delmar bartlett supreme court of appeals of we virginia 59 southeastern mining partnership in order to conal cons tute a mining partnership under the provi 10 ions na of sections to inclusive e i the revised statutes of 1887 it is assenti that the co owners actually engage in boef wor ing the mine or in the business of opera ing the mine the tenancy co of two 6 more persons in a mining claim is not 0 itself sufficient to constitute such tenant mining partners madar v norman si S preme court of idaho 92 pacific discovery of mineral an instruction ti constitute a discovery of gold sufficient support a location of a gold placer claim as against an adverse mineral io tor the gold found must be of such chars chara ter and quantity and found under such cj c I 1 cum curn stances as to justify a man of ordina prudence in the expenditure of time n a money in the development of the proper tf is not erroneous the word development develop men a as so used being the equivalent of pl oraton charlton v kelly TT T T S court appeals federal lease to commence in future remedy at law A lesse of mining claici under an executed lease for a term to cov co mence on a future date on and after sut su date although never having been in pi session may maintain ejectment against i if other claiming title who wrongfully wit holds such possession and lils his h is remedy law to obtain possession by such an actie aati being complete and adequate a suit I 1 equity for that purpose and to establish h t title cannot be maintained even thou other relief of an equitable nature is al prayed for such as an injunction to waste and accounting and the cancel cancella latic of instruments alleged to constitute a clot cloi on his title which relief if necessary proper must be sought by an ancillary ism si in aid of his action at law johnston corson gold mining co circuit court appeals federal I 1 |