Show RECENT MINING DECISIONS compiled by judge E V higgins D FW F wilker alker building salt lake mines and mining finding gold master and servant mining claims mill site 1 under rev st U S sec ec 2319 providing that all valuable mineral deposits in I 1 lands ands belonging to the united states are free and chiv code see sec 1006 that occupancy for any period confers a title sufficient lelent against all except the state and those having title one finding and taking possession of gold on public lands may recover it from any one taking it away from him 2 where the defendants were grading on the public lands for a mill site but had not complied with an any y of the provisions of sec 2337 rev st U S asfor for acquiring title thereto they were not occupants of any land beyond the level space graded for the mill site and had bad no right to gold foundry foun dby others beyond the limits of such space 3 under rev st U S see sec 2319 title to mineral land cannot be acquired by occupancy unless the occupancy is for the purpose of mining or extracting minerals 4 plaintiff while working for defendants in grading a site fora for a mill on government govern lands found and took possession of some 9 gold old defendants took the gold from him claiming it under chiv code see sec 1925 providing that everything which an employee acquires by virtue of his employment except his compensation belongs to the employer held that the gold was not found by virtue of the employment and did not belong to the defendants since the employment was not nob to search for gold but to excavate and throw away the earth removed burns v dark clark et a al gal cal 66 pac pep 12 mining contracts construction liens liens I 1 actions suit for advance 1 the owners of a mine agreed that one owner should make certain improvements and acquire additional property and that the other owner should not be personally liable for any part of the sum so expended but that their interests in the mine should be chang able with the proportion of their expenditures and that such owners should be entitled to a certain interest in the entire proper property tv when the proceeds were sufficient to pay the sum so advanced and interest thereon or when they paid their proportion thereof held that such contract did not give the owner making such improvements a lien for the advances on the interest of the other owner 2 A complaint by a part apart owner of a mine against the other owners stating that plaintiff and the defendants were partners until a certain date but not alleging the partnership thereafter and stating facts tending to negative the existence of such auch partnership and allec alleging t ino advances made by plaintiff in improvements prove ments men ts under a contract by which the defendants were with a portion thereof and alleging a sum due isan action to enforce a lien upon the interest of the defendants and is not an action for a partnership accounting frowenfield v hasting cal 66 pac rep |