Show RECENT MINING DECISIONS prepared for the mining review appropriation of claim discovery and are the source of title to mining claims development by working being only a condition of continued ownership until a patent is obtained mccleary v broaddus court of appeal third district california ill pacific marking boundaries where stakes were set ret to mark the boundaries of a mining claim and proper notices posted it was a sufficient marking upon the ground even though the corner stakes were not inscribed with the name of the claim bingham amalgamated copper co v ute copper co U S circuit court district of utah federal failure to perform assessment work A failure to perform the required annual assessment ses work on a mining claim does not in and of itself work a forfeiture fone forte iture but only permits a relocation and cannot aid an adverse location which was made prior to the year in which the failure occurred bingham amalgamated copper co v ute copper co U S circuit court district of utah federal marking boundaries ordinarily a notice of the location of a mining claim which does not sufficiently mark the boundaries of the claim is sufficient to hold the claim for a reasonable time in which to mark the bound aries in the absence of an adverse prior discovery and a prior marking of boundaries mccleary v broaddus court of appeal third district california ill pacific posting notice in the absence of a mining custom or regulation there is nothing in rev st U S section 2324 U S comp st 1901 p 1426 regulating mining locations requiring the posting of notice on the day of discovery or prescribing where it shall be posted on the claim or at all the only only necessity being that the location be so marked on the ground that its boundaries may be readily traced mcc mccleary beary v broaddus court of appeal third dietr district let california 11 pacific conflicting location the fact that a mining claim which has gone to final entry without adverse claim includes the original discovery on which a prior claim was based does not necessarily defeat the right of the prior locator to the remainder of his claim provided other veins have been discovered on such portion and it appears that there was no actual intent to abandon the claim bingham bingha amalgamated copper v ute copper co U S circuit court district of utah federal sale of claim A contract binding one party to give another a quitclaim deed to a half of his undivided interest in mining property to be delivered on the happening of a specified event and stipulating that the grantee shall pay a specified sum per linear ar foot for the tunnel already constructed and that both parties will pay equally from breast of tunnel from then on calls for the delivery of a deed before any liability may be incurred by the grantee concerning the mining properties unless different arrangements are subsequently made hatch v fritz supreme court of colorado ill pacific 74 location of claims where preliminary evidence of defendant in an action to determine rights in a mining claim did not show whether the posts used for marking the boundaries were tour four inches square or anether they were four feet six inches in length or set one foot in the ground or whether the mound of earth or rock surrounding each post was four feet in diameter or two feet in height there was no error in excluding the declaratory statement giberson v tuolumne copper mining company supreme court ol 01 montana pacific assignment of oil and gas lease A condition in an assignment of an ordinary oil and gas lease that if the interest conveyed by such assignment should be assailed for any debts of the assignee the rights and privileges so assigned should be corf forfeited eicem to the assignors assigners assign ors is held to be valid julian v eagle oil gas company supreme keme cout of kansas pacific taxation of oil and gas lease lealie chap ter of the laws of 1897 providing for the taxation of strata of minerals in land the title to which has been vested in persons other than the owner of the surface and imposing penalties for its violation applies to olland oil and gas as well as to solid minerals mound city brick gas company v goodspeed gas oil company supreme court of kansas pacific 1002 |