Show RECENT MINING DECISIONS written for the mining review by judge E V higgins rights width of claims character of vein extension of end lines 1 where the end lines of a claim are not at right angles with the side lines the distance between the side lines and not the length of the end lines measures the width of the claim 2 the fact that before the location of plaintiffs claim a part of the vein opening and also in defendants claim has been sloped out by the defendant at a point beyond the surface lines of plaintiffs claim did not destroy rights to the vein below the point of removal 3 provided no forcible entry is made a junior locator may project the end lines of his claim across the surface of senior project for the purpose of acquiring rights to so muen of the vein as is subject to location 4 adverse possession of a mining claim cannot extend to a portion of a vein apex ing outside of the limits of the claim and consequently no part thereof davis et al v shepard colo 72 pac rep 57 possession adverse claimants S statutes tat of limitation right of mining survey 1 rev st U S see sec prohibiting officers clerks and employed emp loyes in the general land office from acquiring lands includes mineral surveyors of the government and prohibits them from entering a mining claim or acquiring any right or interest in the purchase from the government of such claim 2 the section supra prohibiting officers clerks or employed emp loyes of the general land office from purchasing or becoming interested te in the purchase of public lands the location of a mining claim by a deputy mining surveyor of the government is vold void and he can convey no right in the claim to another 3 the adverse proceedings authorized by rev st TJ S sec 2326 providing that an adverse claimant of a mining claim shall institute proceedings in court to determine the right of possession of the claim are not to determine the rights of the conteri con tenants ants to a patent but to determine the right of possession to the disputed claim 4 rev st U S sec 2332 provides that where a party has held and worked his mining claim tor for a period equal to that prescribed by the statute of limitations for min ing claims of the state where it is 18 evide evidence thereof shall he be sufficient to establish t ait right to a patent to the claim rev st gt of 01 s utah 1898 see sec 2398 subdivision 10 pro n vides that the words real property used in the code of civil procedure includes include possessory rights bights and claims rev st 2859 28 provides that adverse possession of real p es tate for seven years shall he be a bar to reco ery thereof held that a party who has ha failed to institute an action to recover pos session of a mining claim within seven years year after possession by another is barred from maintaining such action lavagnino v TIL aig et al utah 71 pac rep 1047 |