Show RECENT MINING DECISIONS prepared for the mining review by judge E V higgins fraudulent patent innocent purchaser notice last deed all but one of the co owners of a mining claim applied for a patent presenting to the land office where the entry was made abstracts of title showing their interests and also that of their co owner on appeal to the department at washington the patent was obtained no mention being made therein of the co party who had meanwhile parted with all his interest to one of the other parties to the patent held that fraud for not including him in the application at the time of the original entry and irregularity for lack of proof of his transfer of interest at the time of the final application were alike harmless to him thereafter where at the time of the execution of a deed to mining property and claiming under an adverse adverse unrecorded deed the grantee was not an innocent purchaser A purchaser under a quit claim deed takes only such title as the grantor has and subject to eo any prior deed by grantor to the same property v langly et al mont 70 pac rep 71 mining claim meaning of good and sufficient deed in fee tim simple tit title le required i the parties to a contract of sale of a mining claim to be conveyed on final payment by a good and sufficient deed in fee simple will be held to have contracted for such title only as the vendor could convey the vendee going into possession making improvements and payments obtaining an extension forsaking for making final payment and offering a bonus for a aurther extension all the time knowing the condition of the title which was perfect except that no patent had issued bash v cascade min co wash 70 pac ep |