Bunker Hill & Sullivan Mining & Concentrating Co. v. Empire State-Idaho Mining & Developing Co.

Citations

• 134 F. 268
• 1903 U.S. App. LEXIS 5447

Syllabus

<p>1. Mines and Mining — Locations—Amendment.</p> <p>Locations may be amended, without the loss of original rights, except those inconsistent with the amendment; but new rights cannot be added which are inconsistent with the acquired rights of others.</p> <p>2. Same — Extension oe Location.</p> <p>Held, in accordance with the rulings of the appellate courts, that a junior locator may, for the purpose of acquiring extralateral rights, extend his surface location over prior locations when their owners do not object.</p> <p>3. Same — Monuments—Conclusiveness.</p> <p>A monument established by the locators of two different claims as the point through which the dividing line between them shall run is not binding upon subsequent purchasers, unless so made of record as to give notice to such purchasers.</p> <p>4. Same.</p> <p>The ledge may be followed between the perpendicular planes of its end lines, regardless of the fact that this may be more upon the course than upon the dip of the ledge.</p> <p>8. Same — Mineral-Bearing Ledge.</p> <p>When the mineral-bearing ledge consists of a mineralized zone or belt, without distinct walls, rather than a well-defined ledge, the practical mode of determining its legal width is by the lines beyond which ore is not found, or beyond which such indications of it do not exist, which would encourage the miner to continue his explorations with the expectation of compensation.</p> <p>6. Same — Following Ledge.</p> <p>The owner of a ledge may follow it continuously and indefinitely, except where intersected or crossed by the ledge or underground rights of a prior locator, and beyond such intervening right the junior owner may resume and follow his ledge.</p> <p>(Syllabus by the Court.)</p>