Last Chance Min. Co. v. Bunker Hill & S. Mining & Concentrating Co.

Citations

• 131 F. 579
• 66 C.C.A. 299
• 1904 U.S. App. LEXIS 4302

Syllabus

<p>1. Mining Claims — Suit to Establish Extbalatebal Rights — Sufficiency of Bill.</p> <p>A hill filed by the owner of a lode mining claim to establish extralateral rights and quiet its title need not allege the general course of the vein beyond the limits of the claim.</p> <p>2. Same — Possession—Extbalatebal Rights.</p> <p>The ownership and possession of the surface of a lode mining claim carries with it the ownership and possession of the lode which has its apex therein to the full extent of the extralateral right given by tbe statute to the owner of the claim.</p> <p>3. Same — Rights Acquieed by Location — Integbal Chaeactee.</p> <p>Tlie right given by tbe location of a lode mining claim in that portion of tbe vein lying within its surface boundaries and that portion lying beyond them in which the statute gives tbe owner extralateral rights is integral, and no adverse right can be acquired by the locator of another claim in respect to tbe latter portion that could not in respect to tbe former.</p> <p>4. Same — Priority of Extralateral Rights — Eailuee to Record Notice.</p> <p>Tbe fact that the locator of a lode claim failed to record his location notice within 15 days, as required by tbe Idaho statute, did not invalidate the location, there being no such penalty affixed by the statute, and the locator of another claim on the same vein within the 15 days, with knowledge of the prior location, and that the owner was in possession and actually engaged in working the claim, acquired no rights to conflict with those of the older claim either in the surface or underground portion of the vein.</p> <p>5. Same — 'Validity of Location — Effect of Issuance of Patent.</p> <p>The issuance of a patent for a mining claim is conclusive evidence of the sufficiency of the steps taken by the locator as against one claiming adverse rights.</p> <p>6. Appeal — Review—Findings of Fact.</p> <p>Findings of fact made by a master in pursuance of the order of the court that depend upon con