Show RECENT MINING DECISIONS prepared for the review by judge E V higgins D P F walker block mines transfer of realty Aftic articles les of incorporation statutes of fr fraud aud Fail failure fire to file affidavit 1 under rev st U S see sec 2326 pro viding that the party shown to be entitled to possession in a proceeding on an adverse claim to a mining 0 claim may file a certified copy of judgment roll and obtain patent thereon proceedings on an adverse claim are had for the purpose of determining which of the parties is entitled to such patent and hence each must rely upon the strength of his own title and not the weakness of his adversary 2 where locators of mining claims surrender possession to a corporation in kursu ance of articles of incorporation reciting the transfer of such locations in consideration of paid up shares of stock and the corporation improved the property but there was no f further ur written evidence of conveyance comp laws 1838 sec declaring that no estate in realty can be granted otherwise than by operation of law or subscribed instrument in writing did not prevent the corporation from acquiring title but accepting value for and allowing improvements upon the claims constituted an es topple passing title by operation of law 3 where locators of mining claims surrender possession to a corporation pursuant to provisions of the articles of incorporation but without other written evidence of conveyance ve yance e the invalidity of such transfer under comp laws 1888 see sec requiring a writ ien instrument ins trumen t to t i 0 transfer t ran s f er realty re acty cannot c a enoi be b e set up by a stranger to the transact transaction lon io to ain impeach the title of the corporation I 1 4 under rev st U S see sec 2324 providing that a failure to make im improvements p ro or perform labor as required thereby mining claims on which failure occurs shall be open to relocation location re a claim upon which the required improvements have been made and labor performed is not rendered open to relocation by failure to file affidavit of labor and improvements as required by rev st utah i sec 1500 5 finding fin din g of facts not clearly against the preponderance of the evidence will not be disturbed on appeal murray hill mine and mill company v havenor havener et al utah 66 pac p mining claims claim s location discovery of minerals easements evidence 1 an actual mineral discovery is essential to the valid location of a mining claim 2 whether or not a previous location of a mining claim may be made valid by a subsequent discovery of mineral thereon th the e land remains government land up to the time of such discovery and the location dates 3 A location of a mining t claim based on a discovery of mineral within the limits of another existing and valid location is void 4 any rights acquired by a discovery of mineral on a mining claim subsequent to tho the construction of a ditch across thee the claim laim by a third pers person bif are ard subject ubbe idt to the easement of the ditch and to it its owners rights as a prior appropriator tuolumne consolidated imin ing company v maier cal 66 pac |