Show IMPORTANT MINING lI I DECISION Nevada Xe Supreme Court l' l Pas Pas Pas-es s Upon nl Rights of J. J Locators I An Important decision has been handed down b the by Supreme court written b by Ju Judge gO Norcross In iii tho the cas castr of Samuel Samue Fox James Ennis Carl Schmidt T. T 1 L. L Oddle Oddie and others against A A. D. D Meyers T. T D. D Murphy l et el al and the tho suit Involved the thc property property prop plOp erty known as the Ramsey Extension or Idols Eye at nt The litigation liti liti- liti gatlon gation resulted over the contest for COl forthe tho the claim The property was vas located b by Fox andas and as associates on May lay 28 1903 andon andon and andon on Aug Aug- 6 the they went to the place t to todo tb do their assessment work and found the property In possession of Meyers l and others who forcibly prevented pre their thelL entry on the ground round and anti doing the work worl and ns os required Meyers l as associates retained and developed the claim since then Fox and associates brought suit in ejectment to l' l recover cover the property and after the plaintiffs had offered their evidence the defense offered a n motion to non The c court urt sustained th the nuo motion t 10 ru The plaintiffs contended that their time Ume for Cor doln doing loing the work vork on tho the claim had not expired when the they returned to tl-i tl the place and discovered co that oilier othel pei sons had located It Meyers anda and a associates replied associates replied that at nt the time Fox and others made claim to the property they hall had found Cound n no mineral minerai and that the law plainly s1 specifics that such mch must be the case before the tho location Is binding Tho The court lucId held hel that the presumption In such cases cale was as that the locators Fox and others had found a ledge or 01 minerals ant and that the law would even go to so o far ar as to presume that It was the j same ame as that located on the claim b by the subsequent quent claimants Con In the decision the court quoted favorably When a n locator of or a minIng mining min mm- ing claim finds rock in place containing containing contain contain- ing Ins minerals In quantities to justify him him In expending his time and money in prospecting and developing the claims he has made a discovery ery within the he meaning of the statutes whether the rock or earth Is rich or 01 poor whether It a assays H high or low v 10 1 with this qualification that the definition defini delini- lion tion of or a lode must always as have specia special special cial cia e to the formation and peculiar peculiar pe po- pe- pe culiar cullar characterIstic of or the particular district in which the lodo lode or vein is found found- It was never Intended that In Such cases the court ourt should weigh scales to determine the value of ot the tho mineral minerai found as between a a. prior and I subsequent location of a 3 mining mining- claim claimon on un tho the tame lode I |