Woodman v. Erikson

Citations

• 5 Alaska 93

Syllabus

<p>Mines and Minerals <3&wkey;14(2), 20(3)—Location—Power of Attorney.</p> <p>On May 27, 1913, the defendant made and executed to one Wales a formal power of attorney, authorizing her to locate placer mines for him in Alaska. The power of attorney was recorded at Steel creek, outside of the division wherein the mines were located, on June 23, 1913. On June 30th the attorney in fact located the placer mines in question for defendant, posted notice on the claim, marked the boundaries, and made discovery. The location wa's in a distant, unexplored, and mountainous region, where there was no recording office. One was established there on July 20, 1913. The plaintiff located the same property on August 1, 1913. The defendant’s power of attorney was recorded in that precinct on August 17, and his location notice on August 30, 1913. Held, the defendant made a valuable discovery of gold, by an attorney in fact duly authorized thereunto; the claim was properly staked and marked on the ground, so that the boundaries could be readily traced; the power of attorney was recorded in the proper recording office prior to the recording of the location notice or certificate, and within 90 days from the date of the discovery; the plaintiff was not misled or prejudiced by the fail- ■ ure to record the power of attorney sooner.</p> <p>&wkey;>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>