Childers v. Lahann

Citations

• 19 N.M. 301
• 142 P. 924

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Where a plaintiff in ejectment, brought in support of an Adverse Claim, filed in the United States Land Office against a patent application, relies upon a location he must prove all of the acts of location, including the posting of the location notice, the discovery of mineral in place, and a marking of the boundaries of a claim upon the ground.. • The introduction of a certified copy of the record of the location notice of a mining claim is not proof of these acts of' location. Adverse possession of the premises for the statutory period held not available to the plaintiff in this case, because not pleaded nor proved, and an admission in the-answer of a defendant of the existence of a valid location by plaintiff’s grantors held not available to plaintiff because not called to the attention of the trial court.</p> <p>P. 304</p>