National Milling & Mining Co. v. Piccolo

Citations

• 54 Wash. 617
• 104 P. 128
• 1909 Wash. LEXIS 1044

Syllabus

<p>Mines and Minerals — Action for Possession — Complaint— Pleading — Title. The ordinary allegation of title generally is sufficient in an action to recover the possession of a mining claim, without stating the facts necessary to show a valid location under the mineral laws, which are matters of evidence.</p> <p>Same — Claims—Description. Descriptions of a mining claim in location notices and in a complaint are sufficiently definite, where the defendant was not misled and knew the boundaries from plaintiff’s long possession.</p> <p>Same — Action for Possession — •Variance. In an action to recover possession of a mining claim, in which there is no dispute as to the boundaries, a variance between the descriptions in location notices is not material, where both included the plaintiff’s improvements, the claims were marked on the ground, and the boundaries were known to defendant, who was not misled to his prejudice, within Bal. Code, § 4949.</p> <p>Same — Claims—Relocation — Statutes — Construction. Under Laws 1899, p. 71, § 8, to relocate a forfeited mining claim it is necessary to sink a new discovery shaft or sink the original shaft ten feet deeper; and this requirement is not excused by § 9, providing that the “provision herein relating to discovery shafts shall not apply to any location west of the summit of the Cascade mountains,” in case of an attempt to take advantage of a forfeiture.</p> <p>Same — Unpatented Claims — Ejectment—Title. In an action to recover possession of unpatented mining claims, the better title prevails, and the rule that the plaintiff must recover, if at all, on the strength of his own title does not apply.</p> <p>Same — Superior Title. As between two claimants to a mineral location, the better title lies with the one who for years spent large sums of money in a good faith endeavor to develop a mine, even if there was a forfeiture by failure to do assessment work, as against another who entered in the absence of the first claimant with the