Show LATEST MINING DECISIONS prepared for the mining review by snyder attorneys salt lake city abandonment what acts cons constitute titu the mere act of going upon a mining clans by the owners and announcing to each otlie that it is their intention to abandon the sam and that they thereby do abandon it where upon they immediately without leaving th I ground attempt a relocation in the a third person not present and taking z part does not constitute an abandon abandonment menti the claim and such attempted re locadia amt will be invalid mccann mccanna nv v mcmillan ft 62 pac 31 A notice of location of a placer clam claim must in all material respect be the same i that of a lode location and therefore a na of location of a deposit of borate claiming strip of ground 1500 feet long lona and k wide is a good rood notice of a placer dais clila mccann v mcmillan llau cal ca 1 62 pac 31 permanent monuments N what A sul chent reference to A notice of locate the thee ei bounded on describing the claim as by the H mine i mile south of B broaca Br roadam oada about abou t 3 miles east of the town of C is 8 natural objects or y cieni reference to mccann manent monuments K cal 62 pac 31 location conces liberally construed and it may r be aresu to are I 1 that the natural objects referred vicinity ora I 1 ter than any others in the used mccann ve canny others would have been mcmillan nic millan cal 62 pac 31 i in W reference to natural al objects oud f he 91 A claim must be marked on traced bf readily that its boundaries can be to 01 record it is not necessary for the all th that at is requa that it is so marked 0 record S is that the thereca reco 1 j see sec 2324 R S U abeel natural to the 01 claim a im I 1 with v i th r reference 0 fere 11 C 6 to natural or permanent monuments M millan 02 62 pac 31 E estate state convey oil and gas lease a 01 as settled in west vest V vindla 0 el it is and 90 property that a le lease t e of all the oil 01 abe VO glanda and 1 so and under a trae tractor tract t of land thero 1 of f operate opa tN aw of land fa for the purpose peDAr sole ole colu 1 9 the for oil and gas cras where is a share of tho the product to he be obtained by operation is not a grant of property in the hand land until oil or gas is fo found und but merely a grant errant of possession for the purpose of explore 0 for oil and gas huggins v daley C C A 99 fed GOG how construed oil and gas leases owing to the uncertain character of the mineral and the danger of it being taken out through adjoining wells are unlike other mining leases construed most strongly in favor of the ahe lessor huggins v daley 0 C A 99 fed GOG f consideration forfeiture clause where t I 1 the only consideration which wh ich moves the own er of oil lands to grant a lease on them thein for a I 1 term is the prospective royalties from f their operation a provision that the lessee shan shall sink a well within ninety days and commence I 1 it within sixty days will be strictly enforced t huggins v daley C C A 99 fed same where an oil lease for the term of five years provided as a compensation to the lessor a certain share of the product resulting from the boring of a well on the premises and contained a further provision that the lessee should sink a well within ninety days and begin it within sixty days or forfeit 50 and the lessee has not completed or commenced a well at the expiration of 90 days he cannot keep the lease in force fot ce merely by the payi payment nent of the 50 which in such case will be construed as a penalty for failure to perform the condition and not as an alternative condition huggins v daley 99 fed intention of parties in the construction of oil leases the intention of the parties will be looked to rather than the technical word ing of the instrument and where it appears that the governing principle under consideration at the time of the execution of the lease is the discovery and production of oil the working 11 of the property is the condition precedent to the continuing or vesting 11 of any estate in the demised premises premi seg and where the sole consideration is a royalty on the product a failure to explore and develop the property renders the lease entirely void and works a forfeiture of the lease ing the fact that it was for a definite Dite period huggins v daley C C A 99 fed GOG alenin mining a 1 deed only conveys surface A deed to a portion p of a mining claim made pursuant to a compromise in settlement of a controversy tro versy over the surface boundaries of two mining claims conveying the strip in question together with all the dips spurs and angles and also all the metals ores gold and silver silvar bearing quartz rock and earth therein only operates to convey the surface described and does not convey the minerals beneath which have their tops or apexes within the surface lines of property of the grantor not conveyed montana al co v st louis al al co fed |