Show RECENT DECISIONS title acquired by purchase of claim A patentee of a mining claim contracted for the sale of the claim to a third person and on the following day he executed a deed absolute in form conveying the claim to a corp corporation oration without referring to the contract A purchaser from the corporation at the time of the purchase had no actual knowledge of any equitable claim of the third person arising out of the contract held that the contract and deed were not contemporaneous instruments because they were not between the same parties and because there was no connection between the rights accruing to the parties and the purchaser of the corporation acquired title freed irom any equities arising under the contract san domingo gold mining co v grand pacific gold mining alining co court of appeal third district california pacific mineral location on street A mineral location on public land dedicated to a city for street purposes is not necessarily in conflict with the rights of the city city of butte v kosowitz Mi supreme court of montana pacific marking boundary of claim where notices were posted upon each mineral claim located on public domain designating the place of posting as the starting point which notices contained calls and distances to certain stakes at the four corners of each claim the area of which was feet by 1500 feet and the stakes thus called for were set and in some cases atones piled around them there was a sufficient marking of the claims holdt v hazard court of appeal second district california pacific necessity of actual possession of claim where persons make a valid location of mineral claims on the public domain in accordance cor dance with rev st U S see sec 2324 U S comp st 1901 p 1427 relating to such locations their right of possession will continue until they have in fact abandoned it or forfeited it by failure to do the requisite amount of work within the prescribed time and they need not knot keep an actual possession of the claims holdt v hazard court of appeal second district california pacific courses and distances distance s in case of doubt as to boundary lines monuments and lines actually marked and capable of identification control courses and distances bullion beck champion mining co vs eureka hill mining co supreme court of utah pacific option to purchase mine where complainants nants by a contract with defendants and on making a cash payment were given an option to purchase mining property until a given date they were not entitled to rescind the contract t on the ground that the title to the property was unmarketable prior to the expiration of such time and without offering to make the payments to complete the purchase winter vs bostwick U S circuit court western district wisconsin federal injury to miner evidence in an action to recover from a mining company for the death of a miner who was killed by the falling of the roof of the entry in which he be was working alleged not to have been properly supported testimony of an experienced mine as to the ordinary practice in timbering in mines under similar conditions as compared with what was done at the place of acci accident adent was admissible in support of such allegation ohio copper mining co vs hutchings U S circuit court of appeals federal damages for interruption of pipe lines that between the times a pipe line for conducting oil to market was torn up and reconstructed the owner was prevented from marketing oil of a certain value does not show damage from destruction of the line but if during the interruption the market value of oil depreciated or if because of the interruption oil was lost or destroyed or oil which otherwise would have come through the owners wells was because of their being closed drawn through the wells of another and so lost to such owner and this could be shown such damages could be recovered brookshire oil co vs Ca cassalia casmalia Cas malia ranch oil development co supreme court of california pacific description of claims A description of mining claims in notices of location and in a 1 I complaint to recover possession is sufficient if when aided by complainants prior pos assion defendant could not have been deceived or misled by any false or def deficient lelent description national mill min co vs piccolo supreme court of washington pacific metes and bounds comp st 1887 div 5 section 1477 requiring one discovering any lode mining claim to make a declaratory statement thereof describing it in the manner provided by the laws of the united states did not require the declaratory statement to describe the claim by metes and bounds v supreme court of montana Paci pacific 77 declaratory statement A recorded declaration la of the location of a placer claim described the property as 20 acres of placer ground in this gulch claiming 1500 feet in length by feet in width and stated that the gulch emptied into a certain creek and headed within a mile of a gulch that emptied into a certain basin the evidence showed that the first gulch referred to headed at the same place as the gulch that emptied into the basin held t that hat the notice did not show the definite location of any claim and was insufficient to support a location whether it was necessary that it be recorded or n not ot strickland v commercial mining co supreme court of oregon pacific |