Union Mining & Milling Co. v. Leitch

Citations

• 24 Wash. 585
• 64 P. 829
• 1901 Wash. LEXIS 575

Syllabus

<p>MINES AND MINERALS-LOCATION OF CLAIMS-MARKING BOUNDARIES • — -REASONABLE TIME.</p> <p>Under U. S. Rev. St. §§ 2320, 2324, -which provide that “no location for mining claim shall he made until the discovery of the vein or lode within the limits of the claim located,” and that “the location must be distinctly marked on the ground so that its boundaries may be readily traced,” the locator of a -mining claim is entitled to a reasonable time in which to mark the boundaries of his claim after its discovery.</p> <p>SAME.</p> <p>Where the locators of a mining claim posted notices showing the direction and extent of their claim, but did not mark the boundaries on the ground until eight days thereafter, during which interval conflicting claims were filed by other locators who were aware of the prior location, the failure to mark the boundaries of the claim on the ground for eight days after discovery was not an unreasonable time, when the locators' were compelled by lack of provisions to go to the nearest station where a supply could be procured, and did so, in the belief that they had a reasonable time to complete their location of their claim, one corner of which was almost inaccessible, owing to the roughness of the country.</p>