Bonanza Consolidated Mining Co. v. Golden Head Mining Co.
Utah Supreme Court
Appeal from District Court, Wasatch County; J. E. Booth, Judge. Suit by the Bonanza Consolidated Mining Company and others against the Golden Head Mining, Company. From a decree finding that neither plaintiffs nor defendant was entitled to the area embraced within certain mining claims, plaintiffs appeal. APPELLANT’S POINTS.
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Appeal from District Court, Wasatch County; J. E. Booth, Judge. Suit by the Bonanza Consolidated Mining Company and others against the Golden Head Mining, Company. From a decree finding that neither plaintiffs nor defendant was entitled to the area embraced within certain mining claims, plaintiffs appeal. APPELLANT’S POINTS. The notices of location are indefinite and do not describe any ground, and do not tie to any natural monument or permanent object such as will indentify the claim. Such notices have uniformly, under sucb circumstances, been beld void for uncertainty. Section 2324, Revised…
1Opinion of the CourtBartch, C. J.
The principal and decisive question presented on this appeal is whether the notices of location of the Medway and Hillside mining claims, considering the supplementary proof, were properly admitted in evidence over the objection by the appellants of uncertainty of description. The notice of the Medway reads:
“Notice is hereby given that the undersigned having complied with the requirements of section 2324 of the Revised Statutes of the United States and the local laws, customs and regulations of this district, has located 1,500 feet in length by 600 feet in width on this the Medway lode, vein…
2Cases cited12 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Hammer v. Garfield Mining & Milling Co.Supreme Court of the United States · 1889
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Jupiter Mining Co. v. Bodie Consolidated Mining Co.District Court, D. California · 1881
- North Noonday Mining Co. v. Orient Mining Co.United States Circuit Court · 1880
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3Cited by3 opinions
- Fuller Ex Rel. Fuller v. Mountain SculptureUtah Supreme Court · 1957
- Cook v. JohnsonDistrict Court, D. Alaska · 1908
- Fuller Ex Rel. Fuller v. Mountain SculptureUtah Supreme Court · 1957