Show LATEST MINING DECISIONS prepared for the mining review by westervelt thompson attorneys salt lake city I 1 mechanics lien on mining property notice statement of claim A notice of lien for labor performed on certain mining claims and a smelter filed under section 1387 revised statutes of 1898 should properly state the amount of lien cl claimed on each piece of pr property properly opery upon which labor was performed so far as the claimant is able to state it yet whether the amount claimed in the lien is the just sum due must be left for the determination of the trial court and where it appears that the labor was performed by the day on the several properties and it is difficult to segregate the amount on each piece a notice of lien complete in other respects which states the full amount as due on each property under the circumstances shown is properly admitted in evidence garner v van patten utah 58 pac rep mechanics and miners lien knowledge knowledge oi of owner of land leased machinery L 1 A person who has leased machinery to persons in possession of land under a contract to purchase the same and which the latter have affixed to the soil is not such an owner or person as is contemplated by code chiv proc section 1192 which provides that where work is done on land with the knowledge of the owner which work would entitle the person performing it to a mechanics lien the work will be deemed to have been performed at the instance of the owner unless such owner within three days give notice by posting that he will not be responsible and need not give such notice to prevent a miner s lien attaching to the machinery 2 under code chiv proc sect 1183 which provides that any person who performs labor in mining claims has a lien on the same and the works used in connection therewith for his work and labor a person who has I 1 performed work for one in possession of a mining claim under a contract for the purchase thereof which contract provides that if the purchasers failed to complete the contract they could remove any machinery affixed by them has no claim on machinery leased by the latter from a third person with lo 10 a privilege of purchasing nd permanently attached to the claim th ugh agh the lessor give no notice of his owner ownership slip and the lesses of the machinery never completed the contract for the purchase of the claim jordan vs myers cal 58 pac R 1061 location of mining claims description under pol code of montana sect providing that the declaratory statement containing a description of a mining claim filed with the county clerk must contain the location and description of each corner with the mar markings kinus thereon a statement describing ino the claim by metes and bounds and giving no description of corners or the mar markings kincus thereon is s invalid purdum vs laddin mont Nf ont 59 pac if NOTE the above case is commended to the careful attention of utah miners as bear ino ing indirectly but pt forcibly upon the provisions of see sec 1496 rev statutes of utah 1898 prescribing r what the location of a mining minina claim snail contain W T |