O'Connell v. Pinnacle Gold Mines Co.

Citations

• 131 F. 106
• 1904 U.S. App. LEXIS 4881

Syllabus

<p>1. Mining Claims — Location—Locatob’s Estate — Statutes.</p> <p>Key. St TL S. § 2322 [U. S. Comp. St. 1901, p. 1425], declares that locators of mining locations on the public domain, their heirs and assigns, so long as they comply with the laws of the United States and with state, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right, of possession and enjoyment of all the surface included within the lines of their locations, etc. Held, that since the mining laws of the United States did not restrict discoverers to a single claim, nor require them to apply for patents within any specified time or at all, and such laws authorized the assignment and taxation of such claims, on the death of the locator his unpatented claims passed under the statute to his administrator, as a part of his estate, and not to his heirs, as grantees of the government.</p> <p>¶.1fl. See Executors and Administrators, vol. 22, Cent. Dig. § 2S9.</p>