| Show LATE MINING DECISIONS prepared by andrews murdock berrien springs michigan azember of a mining partnership has authority to employ a laborer to work in a mine belonging to the firm lyman et al 1 vs schwartz pac rep colo assessment work done for a mining claim may be done on an adjacent claim where it is shown that it was intended for such a claim and that the work done would inure to its benefit Klo klopenstine vs hays 57 pac rep utah A recital in the location notice of a mining claim that it is the relocation of another mining claim is an implied admission of the validity of the former location providence gold min co 0 vs burke 57 pac rep ariz A minin mining g partnership exists between persons jointly engaged in working a mine under an agreement by which some of them are to furnish the money others to do the work and all to share equally in the result lyman et al m vs schwartz 67 pac colo the fact that one of two joint locators of a mining claim is not a citizen of the united states but the other is does not invalidate the location and a joint conveyance by them vests a valid title in the grantee providence gold min co vs burke 57 pac rep rep ariz where one locates a mining claim on the theory that a former location by another was forfeited by failure to do the necessary amount of work thereon the burden is on him to prove such failure in an action by the former locator to determine the right of possession providence gold min co vs burke pac rep ariz where mineral claims in litigation are located on lands recently a part of an indian reservation and which have not been open to occupation by white people except for mining purposes the actual mineral character of the land involved must be shown otherwise the court will not adjudicate rights therein in favor of elthe either r party durant vs corbin 94 fed rep U S in an action involving the t title itle and right to the possession of certain mining ground a deed given by the original locator to plaintiff prior to the commencement of the action for the purpose of correcting the description is properly admitted as bearing on the rights of parties klopenstine vs hays 57 pac rep utah A location notice of a mining claim is admissible in evidence though the location of the closing location line is indefinitely de ascribed scribed scrib bed edthe the location being sufficient in all other respects and the proof showing that all the monuments were on the ground providence gold min co vs burke 57 pac pa rep ariz it is the policy of the government in disposing of its mineral lands to make a general distribution among as large a number as possible of those who wish to acquire such land for their own use and it is contrary to this policy and to the provisions of rev st 2230 2231 to permit one person to cover more than 20 acres of placer ground by one location by the device of using the names of his employees or friends as locators durant vs corbin 94 fed rep IT S under a contract for milling ores which provides that said ores rock and earth shall be worked in the usual and ordinary manner of working like ores and returns shall not b be e less than seventy 70 per cent of the pulp assay the return is for an aft average of 70 per cent and not on each ton of ore furnished fox vs mackey et al 57 pac rep cal although the owner of a mineral location originally valid has failed in his assessment work so that the ground is open to relocation yet if before any valid relocation is made by others or after the abandonment of a valid relocation the original locator or his grantee resumes possession and does the necessary work his rights are revived under ander the original location klopenstine vs hays 57 pac rep utah the provisions of rev st 2320 that no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located is mandatory und and to sustain an adverse claim filed against again stan an application for a patent on a mining claim on the ground of a conflicting prior location there must be evidence reasonably tending to show such discovery before the prior location was made ledoux vs forestean Fo et al 94 fed rep E S defendant contracted to mill ores furnished by plaintiff and return 70 per cent of the pulp assay plaintiff sued for an accounting alleging fraud and conspiracy and that less than 70 per cent was returned by defendant anton on a certain number of tons of ore furnished there was allegation that the 70 per cent had reference to the pulp assay or how much it fell short of 70 per cent or when the ore was furnished held that such complaint was insufficient fox vs mackay et al 57 pac rep cal under rev st 2324 t re requiring a mining location to be distinctly marked on the ground so that the boundaries can be readily traced in marking a claim regard must be had to the topography of the ground and the markings must be so placed that they can be readily followed from one to another and that a person accustomed to tracing the lines of mining claims can after reading a description of the claim in the posted notice of location by a reasonable and bona fide effort find all the stakes ledoux vs forester et al 91 94 fed rep U S 2 hills hilla ann laws p 1906 providing that miners liens shall not bind the mine upon which labor is performed for a longer perio period than six months after the claim shall have been filed unless within that time a suit be brought for their foreclosure provides an exception to I 1 hills ann laws 16 providing that absence or concealment of defendant shall prevent the running of the general statute of limitations and the absence from the state of the agent of defendant mine does not prevent the running of the former statute burns vs white swan min co 57 pac rep gr |
