Crown Point Mining Co. v. Crismon
Oregon Supreme Court
From Baker : Robert Eakin, Judge. Bill by the Crown Point Gold Mining Company against S. C. Crismon and another to determine the title of a mining claim. On January 1, 1889, A. H. Huntington, J. C. Young, and A. Olsen posted a discovery notice on the Crown Point quartz claim in Baker County, and during the following summer marked the boundaries thereof on the ground so that they could be readily traced.
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From Baker : Robert Eakin, Judge. Bill by the Crown Point Gold Mining Company against S. C. Crismon and another to determine the title of a mining claim. On January 1, 1889, A. H. Huntington, J. C. Young, and A. Olsen posted a discovery notice on the Crown Point quartz claim in Baker County, and during the following summer marked the boundaries thereof on the ground so that they could be readily traced. Their interest in the claim was subsequently sold and transferred to the plaintiff corporation. On July 1, 1899, the defendants, deeming the mine forfeited on account of failure to perform the…
1Opinion of the Court
Mr. Chief .Justice Bean
delivered the opinion.
1. It is urged that, because Huntington, Young, and Olsen did not mark the boundaries of the claim on the ground for six months after the posting of their discovery notice, their location is invalid. But a subsequent locator can not object that the first location was not marked *367in time, provided it was sufficiently marked before his location: Jupiter Min. Co. v. Bodie Consol. Min. Co. (C. C.) 11 Fed. 666. Defendants do not contend that they made a.location prior to the first day of July, 1899, — long after the location of Huntington and others had…
2Cases cited4 opinions
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
- Baker v. WoodwardOregon Supreme Court · 1884
- Justice Min. Co. v. BarclayU.S. Circuit Court for the District of Nevada · 1897
3Cited by9 opinions
- Tosco Corp. v. HodelDistrict Court, D. Colorado · 1985
- Sharkey v. CandianiOregon Supreme Court · 1905
- Steele v. PrebleOregon Supreme Court · 1938
- Fulkerson v. Chisna Mining & Improvement Co.Court of Appeals for the Ninth Circuit · 1903
- Richen v. DavisOregon Supreme Court · 1915
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