Show RECENT MINING DECISIONS prepared for the mining review by judge E V higgins D F walker block salt lake mines patents judgments liens claims abandonment pleadings one having a judgment on an mining claim held not obliged in order to preserve the same to adverse the claim of the locator in the land office butte hardware co v frank mont 65 pac 1 in a suit by purchaser at judgment sale of mining claim allegations of complaint as to debtors title held insufficient to sustain suit for establishment of purchasers title ib mines and minerals mineral and lands limitation locations conflicting lode claims mining districts rules unoccupied public domain water rights possession of a for the statutory period under rev st U S sec 2332 held not a defense in an action brought in support of an adverse against an application for patent cleary v colo 65 pac 59 69 projection of the boundaries of a lode claim so as to include part of a previously existing mill site held not a tres spass ib rev st U S sec 2337 held not to authorize the patenting of a located on mineral land ib lands are not mineral lands so as to entitle a lode claimant to maintain an adverse against an application for patent by mill owner unless such land contains mineral in such quantities as to make their extraction profitable lb ib A lode claimant is not entitled to land as against a mill owner unless the lands are mineral lands at the time the rights of if the mill owner first attached ib district rules of the enterprise mining district with reference to the location of mill sites on mineral lands held in conflict with rev st U S sec 2337 ib plaintiff in action in support of an adverse claim claiming land as mineral land against an application for patent as a mill site held not entitled to recover in the absence of proof that the land claimed is unoccupied public domain ib rev st U S see sec 2339 2340 held not to give the owner of a vested right in water a superior claim to a mill site necessary for the use of such water as against the lode claimant ib mining corporations organization payment for stock payment for subscriptions property evidence of value absence of fraud creditors claims property for capital when value should be estimated tests when property taken for stock I 1 L under the provision on sec 2268 comp la laws ws of utah 1888 as amended in sec 2 et c 87 page sec laws utah 1896 when in the organization of a mining corporation the several provisions of such statutes are complied with in good faith by the incorporators the stock is in law as fully paid as if payment had bad actually been paid in money an and d the holders of the stock are not liable for unpaid subscriptions 11 2 3 where there is no proof which warrants an assumption that the incorporators were acu abed by fraud in the organization of a corporation in fixing the amount of capitalization or estimating the value of the property and it is not shown that there was such excessive overvaluation over valuation of the property as to authorize an inference of fraud and the evidence shows that the mining claims embraced in the leases and bonds transferred to the corporation po ration in payment of capital stock were situated in a mining district where there was much activity at the time of incorporation that much interest was then manifested in property in that vicinity that one of the claims had been a heavy producer and had been extensively worked in the past and that there was still much low grade ore in sight that the leashes for some months before the incorporation had been working and developing in g the property that the corporation continued to work and develop the same up to the time it ceased to pursue its corporate business and received about for ore extracted and that what stockholders paid into the treasury was of voluntary assessments an amount in cash which with sales of ore aggregated all of which was expended in operating and developing the mine it cannot be held that at the date of the incorporation the property was valueless nor that subscriptions to capital stock remain unpaid and must be paid by the stockholders to satisfy the claims of creditors 3 where property is taken in payment of stock at the incorporation of the corporation the question is what was the fair estimated cash market value avalne of the property at the date of incorporation and not at the time when through the expenditure of a large sum of money the property has been demonstrated st rated to possess no value 4 honesty and good faith are the tests and when it appears that the value of mining property taken for capital stock was fixed honestly and in good faith that the owner had title thereto and that the property was conveyed to the corporation and accepted by it in full payment of the capital stock the court will not disturb the transaction and parties dealin dealing g with the corporation are bound to take notice of what lawf lawfully ally appears in the articles of incorporation and in the statutes under which it was created richardson v treasure hill min co utah 65 pac rep 74 mining claims location marking boundaries trial action ejectment forfeiture of claim E evidence sufficiency 1 where plaintiffs plaintiff Is grantors granfors gran tors located a mine in 1889 but did not mark the boundaries on the ground until six months afterward defendants who relocated located re in 1899 could not complain as a subsequent locator cannot object if the boundaries are marked before his location 2 where defendants deeming the mine mine forfeited by plaintiff located the same ground and plaintiff subsequently commenced work thereon and a few days after defendants also began work plaintiff could maintain an action ti on under hills ann laws sec giving an action in equity to one in possession of real estate to settle an adverse claim thereto and alid he need not resort to ejectment 3 on the issue as to whether or not plain iff had performed the anual work on a mining claim it appears that it employed a person who testified that he did twenty days work in the tunnel of the reasonable value of 5 per day but could not say how far he extended the tunnel defendants Defenda tits witnesses testified that from their knowledge of such persons employment and the appearance of the mine and dump he had not performed the re requisite amount of work and that there was no perceptible change in the tunnel but there was evidence that from the condition of the walls of the tunnel at the time such witnesses inspected it it would have been impossible to tell the amount of work done one witness testified that 1 in I 1 n 1897 he measured the tunnel by step stepping it to ascertain whether the requisite amount of work had been done for that year and that it measured fifty feet no work had been performed since except by the person so employed by the plaintiff and the tunnel af afterwards ter measured seventy feet held to sustain finding that there was no forfeiture crown point gold min co v crismon et al oregon 65 pac rep 87 |