Uinta Tunnel, Min. & Transp. Co. v. Ajax Gold Min. Co.

Citations

• 141 F. 563
• 73 C.C.A. 35
• 1905 U.S. App. LEXIS 4032

Syllabus

<p>1. Mines and Minerals—Entries and Patents—Lode Claims—Estoppel op Owner op Prior Tunnel Claim.</p> <p>Entries and patents of lode mining claims, in proceedings to which a claimant of a tunnel site located across them prior to the entries was not, and was not required to be, a party, will not estop him from establishing by the testimony of witnesses who know and by other customary evidence the fact that no discoveries of mineral in rock in place had been made in the lode claims before the claim for the tunnel site was located across them.</p> <p>2. Same'—Word “Location” Has Two Meanings.</p> <p>The word “location,” in its application to mining claims, has two distinct meanings: First, all the acts, including discovery, requisite to perfect the right of possession; and, second, the placing of the claims, the posting of the notice, and the marking of the boundaries, excluding discovery.</p> <p>3. Contracts—Construction—Ascertaining Intention.</p> <p>One of the fundamental rules for the interpretation of a contract is that the court should place itself as near as may be in the situation of the contracting parties at the time the agreement was made, and should then endeavor to ascertain from the contract, in the light of the surrounding facts and circumstances, what the parties actually intended by their agreement.</p> <p>[Ed. Note.—For cases in point, see vol. 11, Cent. Dig. Contracts, § 730.]</p> <p>4. Same—Intention to be Deduced from Entibe Asbeement.</p> <p>This intention must be deduced, not from specific provisions or fragmentary parts of the instrument, but from the entire context, because the intention is not evidenced by any part or provision of it, or by the agreement without any part or provision, but by every part so construed as to be consistent with every other part and with the entire contract.</p> <p>Every provision of the instrument should be given its ordinary meaning and effect, if possible, and no part should perish by construction.</p> <p>[Ed. No