Show LATEST MINING DECISIONS prepared for the mining review by westervelt snyder attorneys salt lake city conflicting claims priority tho the cardinal principle governing g the rights rig of conflicting mining claims on the public domain is that other things being equal he who is first in time is stronger in in ri rig lit ht conval Con conway vav v hart cal 62 pac 4 44 4 locator may adopt markings Mar kinas already on the ground where E EL a locator of a mining claim finds it marked by six substantial ial posts one at each corner and one at the center of each end line which were placed there to mark the claim under a previous location now extinct he is not compelled to make a new marki marking ncr 1 I of the claim but may mav adopt the stakes already on the ground as his own conway v hart cal 02 62 pac 44 what sufficient evidence of discovery evidence of the discovery of a lode under the surface where plaintiff had sunk a shaft some 2 1 I or 30 feet deep and removed from it a considerable amount of quartz rock for forming minga a dump where rich rock had been found on the claim clail ll and where an expert testified that the vein was exposed in the shaft and in his opinion based on observations from a line run by him f from jom the shaft th through rough a number of prospect holes the vein continued in its course lenorth lengthwise vise of the claim for 1200 feet is suf sufficient ficie nt to justify a finding that plaintiff had discovered a lode although h none is visible on the surface conway v hart cal 62 pac 44 excessive boundaries where a mining 0 claim exceeds the statutory length leng th it Is not void but the locator will be allowed to hold a claim 1500 feet long and the remainder will be rejected conway v hart cal 62 pac 44 written agreements for the sale of a mining c claim construed where the owners of a mining ch claim aim enter into an agreement t to 0 convey it i t to another party pursuant to which a deed was simultaneously executed and de livered to said party who thereupon executed a deed back to the owners of the same property and placed it in escrow to be delivered to them upon his failure to perform the conditions of the escrow ec rov it was held that the three instruments amounted merely 1 to an agreement to sell and until the conditions condit ons of the he t escrow were performed were not sufficient to divest tile the ori original owners of title to the property and they the y were qualified to maintain ejectment proceedings proceeding s against third parties par ties conway v hart cal 62 pac 44 location sufficiency of description A final or completed location notice filed under the provisions of california statutes statute which fails to name the state or county where tile the claim is situated but refers to the preliminary notice of record which does give the name na of the county is sufficient if otherwise good talmadge v st john cal 62 pac 79 7 6 same A description by metes s and bounds in a location notice of a mining claim referring 11 specifically to substantial stone monuments UL al each corner but with no r reference to other Perin permanent anent monuments deschi description eption is a as against a sub T ae 4 1 who finds se q bent on the clairn claim locia t tile the ten tents ts L 0 r of the original bedding b locator who an and ha W in in possession of and fern worked it ti and temporarily absent at the time ai only of tempted subsequent t location S st john cal 62 pac 79 49 dalmado tn T dl mad mado ge lease of oil lands Cont construction feature clause ruction of for F under a lease of kt oil providing that the s same ame shall be lana the 1 lessee essee shall sink vold void a well to complete within two months com 04 or pay the lessor the of 10 per month for the delay each sura sum to extend the lease for payment on one e month longer and also but no c 7 provides that if operations are not commenced within thirty dava 10 extra shall be paid for the see second ond month where the lessee does not begin to sink a well within a month and be begins I 1 ins one but fails to complete com blete it within two months a payment of 0 10 made eight days after the expiration of the second r month a will continue the lease in force for another month and a tender of HO more twelve lays days after the expiration of the third month will save the lease from froin forfeiture and the lessor is not entitled to apply the first 10 as a forfeiture for failure to begin in opera operations eions in time duffield v michaels fed and a subsequent lease in such a case made by the lessor at the expiration of the third month to a party who up to that time had been engaged Z in erivin driving a well for the original orio inal lessee will be void duffield T I 1 michaels fed same when lessor stopped to claim forfeiture fe where the lessor permits the alesc tee ee to locate a well and assists by boarding bo ardin tie the men at work driving the well and in various other ways in the sinkin sinking fr of the same ate after the expiration of the time within which it should have been completed he be will be held to have waived an any y right richt 11 to claim a forfeiture for nonperformance nonperformance duffield v michaels fed |