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· 6/3/1885

Horswell v. Ruiz

Citations

  • 67 Cal. 111
  • 7 P. 197
  • 1885 Cal. LEXIS 565

Syllabus

<p>Mnraa Claim—Occupation—Subsequent Possession—Right oe Possession. —Prior occupation and working of the mineral lands of the United States, without complying with the requirements of any law, either federal, district, or local custom, does not give a right of possession as against one who afterwards peaceably locates a mining claim covering the same ground, and in all respect complies with the federal and district mining laws and regulations. Prom the time the second person has perfected his location, the prior occupant is a trespasser.</p> <p>Id.—Boundary Lines need not be Parallel.—The provision of the statute of 1872, requiring the end lines of each mining claim to be parallel to each other, is merely directory, and no consequence is attached to a deviation from its direction.</p>

Judges: Sharpstein

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