Brown v. '49 & '56 Quartz Mining Co.

Citations

• 15 Cal. 152

Syllabus

<p>The first locator of a quartz lode is not confined simply to the solid quartz actually embodied in the bed rock, but is entitled to the loose quartz rock and decomposed material which were once a part of the lode, and are now detached, so far as the general formation of the ledge can be traced.</p> <p>The right of the quartz miner comes from his appropriation; and whenever his claim is defined, there is no reason in the nature of things, why the appropriation may not as well take effect upon quartz in a decomposed state as any other sort, or why the condition to which natural causes may have reduced the rock, should give character to the title of the locator.</p> <p>The only question of fact in this case being, whether the quartz rock—parted or not from its original connection—was a portion of the same quartz lode or claim taken up by defendant; it was not important whether the rock was upon or beneath the surface, or what its condition, provided it were a part of such lode or claim.</p> <p>In cases of this kind, the custom of miners is entitled to great, if not controlling weight.</p> <p>Under certain circumstances, proof of the custom in other districts may be proper— at least, this Court is not satisfied to the contrary. But in this case, the admission of such testimony, if error, was immaterial, as the case was tried by the Court, and the judgment placed on independent ground, upon which it can stand.</p>