Cases On the American Law of Mining
Cases On the American Law of Mining
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Bier (Mont. ) 39 Pac. 461 ; Casey v. Thieviege (Mont. ) 48 Pac. 394, 61 Am. St. Rep. 511 ; U. S. V. Iron Silver M. Co. , 128 U. S. 673, 9 Sup. Ct. 195, 32 L. Ed. 571 ; Largey et al. V. Black, 10 Land Dec. Dep. Int. 156; Butte & B. M. Co. V. Sloan (Mont. ) 40 Pac. 217; 2 Lindley on Mines, §78i.
It is also settled that the burden of proof in such circumstances is upon the lode claimant to establish by clear and convincing testi- mony that the vein or veins which he claims are exempted from 1 the ...placer application by operation of law are of the character which will render them known veins, as above defined. Mon. Central. Ry. Co. V. Migeon, supra; 1 Snyder on Mines, § 666; Cripple Creek s Gold Min. Co. V. Mt. Rosa Mining, Milling & Land Co. , 26 Land/ Dec. Dep. Int. 622.
These decisions are based upon the proposition that one claim- »■ ing land as a lode location, as against a prior placer location up- on which patent has issued, must establish that the ground so claim- ed was known to be valuable to operate as a lode mining claim when application for patent was made upon the placer, and that, unless this does appear as a fact, he will not be permitted to take it from another who has previously located it as a placer claim, and ob- ' tained patent therefor.
What to read after Cases On the American Law of Mining?
You can find similar books in the "Read Also" column, or choose other free books by George P George Purcell Costigan to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Bier (Mont. ) 39 Pac. 461 ; Casey v. Thieviege (Mont. ) 48 Pac. 394, 61 Am. St. Rep. 511 ; U. S. V. Iron Silver M. Co. , 128 U. S. 673, 9 Sup. Ct. 195, 32 L. Ed. 571 ; Largey et al. V. Black, 10 Land Dec. Dep. Int. 156; Butte & B. M. Co. V. Sloan (Mont. ) 40 Pac. 217; 2 Lindley on Mines, §78i.
It is also settled that the burden of proof in such circumstances is upon the lode claimant to establish by clear and convincing testi- mony that the vein or veins which he claims are exempted from 1 the ...placer application by operation of law are of the character which will render them known veins, as above defined. Mon. Central. Ry. Co. V. Migeon, supra; 1 Snyder on Mines, § 666; Cripple Creek s Gold Min. Co. V. Mt. Rosa Mining, Milling & Land Co. , 26 Land/ Dec. Dep. Int. 622.
These decisions are based upon the proposition that one claim- »■ ing land as a lode location, as against a prior placer location up- on which patent has issued, must establish that the ground so claim- ed was known to be valuable to operate as a lode mining claim when application for patent was made upon the placer, and that, unless this does appear as a fact, he will not be permitted to take it from another who has previously located it as a placer claim, and ob- ' tained patent therefor.
What to read after Cases On the American Law of Mining?
You can find similar books in the "Read Also" column, or choose other free books by George P George Purcell Costigan to read onlineMoreLess
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