Warnock v. DeWitt
Utah Supreme Court
Appeal from the District Court of the Second Judicial District. Hon. George W. Bartch, Judge. Action by Robert Warnoek against Reuben DeWitt to-recover the possession of a mining claim. From a judgment for defendant, plaintiff appeals. Durkee, the original locator, failed to do his assessment-work in the year 1886, but early on the morning of January 1, 1887, he relocated the claim under another name.
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Appeal from the District Court of the Second Judicial District. Hon. George W. Bartch, Judge. Action by Robert Warnoek against Reuben DeWitt to-recover the possession of a mining claim. From a judgment for defendant, plaintiff appeals. Durkee, the original locator, failed to do his assessment-work in the year 1886, but early on the morning of January 1, 1887, he relocated the claim under another name. Plaintiff claims under a location made January 17, 1887. TJnder § 2324, Eev. Stat. U. S., a locator had to do $100 worth of labor during each year until patent issued, but upon failure to do…
1Opinion of the Court
'SMITH, J.:
Without going into a statement of the facts, we may say that the record presents two questions for our determination on this appeal, and no more. They are: First.. ■Can the locator of a quartz mining claim, who has allowed his location to lapse by a failure to perform the necessary *329work, make a relocation, or new location, covering tbe same ground? Second. Does the evidence show that the location made by Miles( Durkee on January 1, 1887, was sufficiently marked upon the ground to render it a valid location? I aintiff claims under a location made January 17, 1887.
The firsi question…
2Cases cited1 opinion
- Hunt v. PatchinUnited States Circuit Court · 1888
3Cited by7 opinions
- Smith v. NewellU.S. Circuit Court for the District of Utah · 1898
- Perley v. GoarArizona Supreme Court · 1921
- Brockbank v. Albion Mining Co.Utah Supreme Court · 1905
- Legoe v. Chicago Fishing Co.Washington Supreme Court · 1901
- McCarthy v. PhelanCalifornia Supreme Court · 1901
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