Show nr RECENT cirT MINING DECISIONS prepared for the mining review adverse 01 claing where in in an action in support int ji of an adverse erse claim the issue involved the priority of locations on public domain the court properly permitted a witness to testify that there was such a showing of a vein and mineral in the place that a reasonably prudent miner would expend his money and time with expectation of finding ore king solomon tunnel development co vs mary verna mining ico court of appeals of colorado pacific Ex excessive area A locator who exceeds the egal lateral limits in laying out the boundaries of his mining claim will be protected as to the legal area allowed if his location is distinctly marked on the ground so that its boundaries can be readily traced as required by rev st U S sec 2324 U S comp st 1901 p 1426 madeira vs sonoma no a co district court of appeal third district california pacific bining kining mining 31 machinery y plaintiff so d certain boilers and mining machinery for installation at a mine the boilers were incased encased in masonry and the machinery bolted to solid foundations all of the articles were necessary to the successful operation of the w whole hole plant or to some part of the machinery e ry and it appeared that it was the buyers intention to make a permanent accession to the freehold and to use it solely for the deve and operation of the mine held that the machinery constituted a part of the freehold and that replevin could not be maintained by the seller TO recover the same puzzle mining reduction co vs morse bros machinery supply co court 0 of f appeals of colorado pacific irien for development chiv code alaska see sec 1 fed stat ann p giving a lien to persons performing labor on the construction st development alteration or repair 0 of f any building flume mine tunnel aqueduct or other othe r structure limits the lien to work done in the development or improvement of a mine and hence did not confer a L lien for sluicing up the dump for extracting gold which was the ordinary er claim having no relation to the development or improvement of the mine noble vs gustafson U S circuit court of appeals work of a miner in the operation of a federal 69 He recovery for ore secretly extracted the K X co and the C co were equal owners and tenants in common of a mining right the K x co secretly extracted ore faced fai ed to account and conveyed its property to the INT co which in consideration of that conveyance assumed and a greed agreed to pay all the debts and obligations of its grantor held a a suit in equity can be maintained by the 0 co or its assignee against the ar co without the presence of the K co to enforce the contract of the al co to pay the obligation of its grantor to account to the C co for the batters lat share of the value of the ore the K co extracted from the common property silver king coalition mines co of nevada vs silver king consolidated mining co of utah U S circuit court of appeals federal development work ork the construction of a flume to bring water from a mine for the sole p purpose of working it which was vas the only way it could be prospected was de work within code chiv proc sec 1183 giving one a lien for work per performed forine d in developing a L mine mcclung vs paradise sold ow mining alining co supreme court of california pacific |