Gore v. McBrayer

Citations

• 18 Cal. 582
• 1861 Cal. LEXIS 248

Syllabus

<p>A weiting is not necessary to vest or divest title on taking up a mining claim. ., The right of the miner comes from the mere appropriation of the claim made in accordance with the mining rales and customs of the vicinage. The title is in the Government; and the right to mine is by its permission to the appropriator.</p> <p>The usual mode of taldng up mining claims is to put upon the claim a -written notice that the party has located it; and this taking up and giving notice may be done by a party personally, or by any one for Mm, or with his assent or approval; and whenever the appropriation is made by an agent hating authority from a principal to make it, the act is complete, and the title vests in the principal, and the agent, by his mere act cannot subsequently divest it.</p> <p>So, where G., McB. and others verbally agreed to prospect for quartz, and to be equally interested in claims taken up, and McB. discovered a lead or claim and located it by putting up a written notice with G.’s name and others on it, appropriating the lead: Held, that G.’s right attached by these proceedings, and could not be divested by the mere act of McB. in taldng down the notice and putting up other notices with other names.</p> <p>After the notice was put up, G. became a tenant in common of the mine, and not a partner, and could bring an action to vindicate his title against McB. or any one who excluded him or denied his right.</p> <p>The Statute of Brands, requiring an instrument in writing to create an interest in land, does not apply to the taking up of mining claims. A mere verbal authority to one man to take up a claim for another is sufficient. Ho title is divested out of the Government, but a right of entry given under it.</p> <p>The fact that mining laws and regulations were passed on a different day from that advertised for a meeting of miners, does not invalidate them. Courts will not inquire into the regularity of the modes in which these local legislatures, or primary