Larned v. Jenkins

Citations

• 113 F. 634
• 51 C.C.A. 344
• 1902 U.S. App. LEXIS 3982

Syllabus

<p>1. Mining Claim — Locator Abandons Rights beyond Location.</p> <p>One who discovers and locates a lode mining claim under the act of 1866 thereby renounces and abandons all rights and privileges to follow his lode on its course beyond the exterior lines of his patented claim, when he locates it upon the surface of the ground, enters it, and accepts a patent for it under the law.</p> <p>2. Same — Locator Cannot Follow Vein beyond His Boundaries on Its Strike.</p> <p>The act of July 26, 1866, does not grant to the patentee of a lode mining claim the right to follow on its strike his vein, with its dips, angles, and variations, beyond the boundaries of his location. It permits him to follow it beyond those boundaries on its dip or descending course only.</p> <p>8. Patent — Town Site — Exception of Mine.</p> <p>It is mines known to exist at the time a town-site patent is issued, and those only, that are excepted from its grant by section 2392 of the Revised Statutes.</p> <p>4. Town Site — Deed of City Authorities Impervious to Collateral At. tack.</p> <p>The deed of the city authorities authorized to convey lots in a town site is presumptively valid, and it cannot be collaterally assailed in an action at law for a failure of the authorities to require the preliminaries or perform the requirements antecedent to its execution.</p> <p>5. Estoppel — Adverse Claim Creates None against Ejectment Based on Prior Title.</p> <p>An action of ejectment based upon a patent issued prior to the initiation by the defendant of a mining claim for which he has applied for a patent is not inconsistent with a claim adverse to that application, under section 2326 of the Revised Statutes, and such adverse claim does not estop the plaintiff from maintaining his action.</p> <p>(Syllabus by the Court.)</p>