The Mining Reports: A Series Containing the Cases on the Law of Mines Found in the American and English Reports, Arranged Alphabetically by Subjects, with Notes and References, Volume 1Callaghan, 1883 - Mining law |
From inside the book
Results 1-5 of 86
Page 6
... deed of the ditch . In our view of the case , this deed is of no effect whatever ; at the time of its execution Willett had no in- terest to convey . In regard to the claim of the appellant , that he made a prior appropriation of the ...
... deed of the ditch . In our view of the case , this deed is of no effect whatever ; at the time of its execution Willett had no in- terest to convey . In regard to the claim of the appellant , that he made a prior appropriation of the ...
Page 13
... deed from another , who was in possession at the time the deed and possession of the lot was given . After remaining in possession under his deed for some months , Ste- phens made a verbal sale of the lot , for six hundred dollars , to ...
... deed from another , who was in possession at the time the deed and possession of the lot was given . After remaining in possession under his deed for some months , Ste- phens made a verbal sale of the lot , for six hundred dollars , to ...
Page 20
... deed of the premises so sold , and placed him in the possession of the entire claim . A large number of the claimants thus ejected , availing themselves of an offer made by Johnson , redeemed their respective interests , and were ...
... deed of the premises so sold , and placed him in the possession of the entire claim . A large number of the claimants thus ejected , availing themselves of an offer made by Johnson , redeemed their respective interests , and were ...
Page 21
... deed to Small , the grantor of plaintiff , for the purpose of showing that at the time of the making of his deed to Small , Phillippi had no interest whatever in the ground in controversy , and that Small , and the plaintiff Mallett ...
... deed to Small , the grantor of plaintiff , for the purpose of showing that at the time of the making of his deed to Small , Phillippi had no interest whatever in the ground in controversy , and that Small , and the plaintiff Mallett ...
Page 26
... deed from Small to him , he would seem to have no ground upon which to recover in this case . It ap- pears that prior to the time when defendants took possession of the Uncle Sam claim , the deeds offered in evidence had been executed ...
... deed from Small to him , he would seem to have no ground upon which to recover in this case . It ap- pears that prior to the time when defendants took possession of the Uncle Sam claim , the deeds offered in evidence had been executed ...
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Common terms and phrases
abandonment acquired action adverse possession affidavits agent alleged amount answer appear appellant appropriation authority Bank Bear River Belk bill Boultbee Caribou cestui que trust charge coal colliery commenced complaint contract conveyance conveyed corporation counsel court of equity creek damages Dawley decree Deer Lodge county defendants District Court ditch entitled equity error evidence fact feet fendant filed Flume grant grantors held instructions interest judgment jurisdiction jury lease lode ment mining claim Mining Company mining ground mining purposes notice objection occupation opinion owner paid parties patent person plaint plaintiff plaintiff in error Post premises principal prior proof purchase quartz question record relocation respondent rule shaft statute of limitations stockholders Storey county subscribers sufficient Supreme Court surface tenants in common testimony thereof tion tract transaction trial trust tunnel vein verdict Wetmore witness Yuba River
Popular passages
Page 531 - ... the claim or mine upon which such failure occurred shall be open to re-location in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 689 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 558 - Mining claims upon veins or lodes of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits...
Page 541 - ... [Provided, That the period within which the work required to be done annually on all unpatented mineral claims shall commence on the first day of January succeeding the date of location of such claim, and this section shall apply to all claims located since the tenth day of May, anno Domini eighteen hundred and seventy-two.
Page 587 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Page 563 - ... all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Page 512 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to re-location in the same manner as if no location of the same had ever been made...
Page 504 - All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States...
Page 236 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the...
Page 236 - For the purpose of constituting an adverse possession by a person claiming title, not founded upon a written instrument, judgment, or decree, land is deemed to have been possessed and occupied in the following cases only: 1.