Elder v. Horseshoe Mining and Milling Co.

Citations

• 9 S.D. 636
• 70 N.W. 1060
• 1897 S.D. LEXIS 128

Syllabus

<p>1. Rev. St. U. S. § 2324, provides that not less than $100 annually shall be put upon a mining claim, and that, on failure of a co-owner to contribute his share, those who have made the improvements may a the end of the year give the delinquent personal notice in writing, or notice by publication, and if, after ninety days, he fails to contribute, his interest in the claim shall become the property of said co-owners. Held, that where a delinquent owner was dead, and there was no administrator, a published notice addressed to the delinquent “his heirs, administrators and to all whom it may concern,” was, effectual to cut off the interests of the heirs, whether minors or not, on their failure to contribute within the time specified, and vest title in the other owner.</p> <p>2. Under said statute it is optional with the co-owner who makes the improvements, to serve personal notice or publish the same.</p> <p>3. The fact that the heirs were not individually named was immaterial.</p> <p>4. Where a co-owner has failed to contribute his share of the expenditures for several years, the delinquencies for said years may be grouped in one notice.</p>