Elder v. Horseshoe Min. & Mill. Co.

Citations

• 15 S.D. 124
• 87 N.W. 586
• 1901 S.D. LEXIS 97

Syllabus

<p>Rev. St. U. S. § 2324, provides that, on failure of a co-owner of a mining claim to contribute his share of expenditures required by the statute, those who have made the improvements may, at the end of the year give the delinquent personal notice in writing, or notice by publication, for at least once a week for 90 days, and if, after 90 days, he fails to contribute, his interest in the claim shall become the property of such co-owners. Held, that a notice published every day except Sunday, from Monday, January 7th, to Tuesday, April 2d, inclusive, was sufficient.</p>