Show RECENT DECISIONS DECISION 5 prepared for T the be mining review by judge E jr higgins D F walker building salt lake city vein or lode where necessary to be found to support a loc location aaion under rev bev st U S see sec 2320 a vein or lode in a mining claim must be found in the discovery shaft and it is not sufficient that a discovery be made on some other vein within the limits of the claim beals v cone colo 62 pac rep annual assessment work effect of failure to perform under rev st U S sec 2324 failure to perform annual assessment work on a mining claim does not of itself work a forfeiture and the burden of proving such failure is on the person who asserts a right to the claim by reason thereof ib definition of word crevice under 2 mills ann st see sec a well defined crevice in a mining claim means a crevice containing a mineral bearing vein ib marking location posts to be placed on corners if practicable inconvenience no excuse for failure insufficiency of marks on post under 2 mills ann st sec a point on a railroad embankment was not such an impracticable or dangerous point at which to place a corner post of a mining claim as to permit the placing of a post at another place where the true corner of a mining claim fell upon a precipitous and dangerous cLang erous place a post placed at the nearest practicable point and marked W C 4 was insufficient to indicate where the true corner was to so be found failing as it does to indicate by either course or distance where the true corner was to be found ib relocation re location rights do not relate back to first location where plaintiff filed his certificate of location in 1892 but did not make a discovery until 1894 at which time he relo re lo bated the claim such discovery did not relate back to the time of the filing of the original certificate of location ib grantee in deed not required to perform conditions outside his contract grantee in a deed to certain mining interests who agreed to work the mine as he saw fit in consideration for such deed cannot be required to work the mine as a condition to the quie quintine tinz of his title downing v cala 62 pac rep 1055 miners lien not void for uncertainty A miners lien filed against several mining claims held not void because the amoun amounts ta against 1 each claim are not segregated in the lien post v fleming N al 62 pac rep 1087 foreman employed hy by co owner the agent of all owners 0 eners authority authority Au thorit y of co owner effect of failure to post notice A foreman in charge of mining done on a certain mining claim held the agent of the owners thereof under comp laws 1897 see sec 2217 though employed by one of the co owners only where co owners of a claim authorize their co owner to do certain mining thereon and laborers are employed and the co owners have notice and fail to post notice as provided b r comp laws 1897 sec I 1 2226 alabon er has a lien for his ge services rices upon the entire claim ib bill to quiet title necessary allegation effect of demurrer A bill to quiet title to a mining claim failing failano to allege that defendant acquired possession after 90 days from claimants claimant lq location such allegation held not supplied by demurrer lockhart Lock harb ar b v leeds N al 63 pac rep 48 bill to quiet title to a mining claim held for failure to allege when complainant nant secured a copy of the location notice for filing 6 and that the complainant relied on another who agreed to file same ib state lands interest of patentee as against mining z lo 10 location C aaion thereon under act cong june 16 1880 act march 5 1887 and st 1887 p 1021 held that a patentee of state land has no interest in mines located thereon after his application but before issuance of patent stanley v mineral union nev 63 pac rep 59 |