Quilp Gold Mining Co. v. Republic Mines Corp.

Citations

• 96 Wash. 439
• 165 P. 57
• 1917 Wash. LEXIS 579

Syllabus

<p>Mines and Minerals — Locations—Extra Lateral Rights — Statutes. Parties dealing with mining locations must bring themselves within the conditions prescribed by Congress for the acquisition of extra lateral rights, or be content with the minerals below the surface location.</p> <p>Same — Locations—Extra Lateral Rights — End and Side Lines —Right to Follow Dip — Statutes. Under U. S. Rev. Stat. § 2319 et seg., the end lines of a mining location must be projected parallel with each other and cross-wise of the general course of the vein within the surface limits of the location, and limit the extra lateral rights that may be acquired to so many feet of the length of the vein; but the side lines need not be parallel to each other, and whenever the top or apex of a vein is found within the surface lines extended vertically downward the vein may be followed outside the side lines; hence the end lines are not necessarily those marked on the diagram as such, and if the apex of the veins crosses one end line and one side line there is the right to follow the vein on its dip beyond the side lines as marked on the map.</p> <p>Same — Locations — Extra Lateral Rights — Contracts — Construction. Where two mining locations overlapped, the southeasterly corner of the prior location, known as the S. claim, being imposed upon the northwesterly corner of the junior claim, known as the Q. claim, so that the westerly line of the junior claim as patented by the government was not a straight line, but contained a jog to go around the southeasterly corner of the prior claim, a stipulation for the settlement of litigation over extra lateral rights which provided for the conveyance of “all ore bodies lying east of the west line of the Q. claim extended down vertically, and lying south of the north end line of the Q. claim extended down vertically, and which may apex within the lines of the S. claim,” must be construed to call for the conveyance of all ore bodies apexing within the lines of