The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Volume 16Callaghan, 1894 - Mining law |
From inside the book
Results 1-5 of 92
Page 5
... further shows that upon such acceptance and approval judgment was en- tered in favor of the defendant . The judgment and order appealed from are affirmed , with costs . MCCONNELL , C. J. , and DE WOLFE , J. , concur . 1. Abandonment is ...
... further shows that upon such acceptance and approval judgment was en- tered in favor of the defendant . The judgment and order appealed from are affirmed , with costs . MCCONNELL , C. J. , and DE WOLFE , J. , concur . 1. Abandonment is ...
Page 8
... further allegation that the action is brought in support of an adverse claim filed against the applications for patent for the Wash Lewis and Henry lodes . It is contended by counsel for defendant in error that the last allegation ...
... further allegation that the action is brought in support of an adverse claim filed against the applications for patent for the Wash Lewis and Henry lodes . It is contended by counsel for defendant in error that the last allegation ...
Page 18
... further found that , during the year 1885 , the annual labor required by law ( Rev. St. U. S. § 2324 ) was performed by plaintiffs on said Ada Elmore lode claim by caring for and maintain- ing the buildings and improvements thereon ...
... further found that , during the year 1885 , the annual labor required by law ( Rev. St. U. S. § 2324 ) was performed by plaintiffs on said Ada Elmore lode claim by caring for and maintain- ing the buildings and improvements thereon ...
Page 24
... further , and holds that the relo- cation made by the defendant inures to the benefit of the plaintiffs . Under the pleadings such relief can be had . The conclusion is based upon a finding of fact that , at the time of relocation , the ...
... further , and holds that the relo- cation made by the defendant inures to the benefit of the plaintiffs . Under the pleadings such relief can be had . The conclusion is based upon a finding of fact that , at the time of relocation , the ...
Page 41
... further difficulties arise when we are obliged to apply the statute to facts not wholly within its contemplation . If a mining location be made regularly - made so that the strike of the vein crosses the location from end line to end ...
... further difficulties arise when we are obliged to apply the statute to facts not wholly within its contemplation . If a mining location be made regularly - made so that the strike of the vein crosses the location from end line to end ...
Contents
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Common terms and phrases
action adverse claim adverse possession agent alleged answer apex appellant application assignment boundaries breach certificate claimant coal Colo Colorado complaint contract corporation counsel County court of equity covenant damages deed defendant defendant's demurrer District ditch downward end lines entered entitled equity error estoppel evidence fact feet filed forfeiture Garman grant ground held interest issue Jefferson County judgment jury Kirtley labor land office lease ledge lessee lessor lode claim Lone Tree Maid of Erin Marble Heart claim ment mineral mining claim north side line owner parties patent person placer placer mining plaintiff plaintiffs in error plane pleadings premises prior proof purchase quartz question record recover rent respondents right of possession royalty rule Section statute strike sufficient suit Supreme Court surface lines thereof tion Trade Dollar trespass trial tunnel United vein or lode verdict Wash Lewis Wyoming
Popular passages
Page 227 - It shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment ; and a failure to do so shall be a waiver of his adverse claim.
Page 76 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 268 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth...
Page 68 - An act to promote the development of the mining resources of the United States...
Page 137 - The location must be distinctly marked on the ground so that its boundaries can be readily traced. All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Page 9 - Where an adverse claim is filed during the period of publication, it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim...
Page 227 - Office, and a patent shall issue thereon for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, to rightly possess. If it appears from the decision of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees...
Page 527 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 51 - Sections 2322 and 2328, by investing the locator, his heirs or assigns, with the right to follow, upon the conditions stated therein, all veins, lodes, or ledges, the top or apex of which lies inside of the surface lines of his claim.
Page 52 - It is a maxim not to be disregarded that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.