Masek v. Ostlund

The judgment of the lower court should be affirmed. The crucial determinative factors are:(1) The actual ground markings, rather than the recorded description, fix the boundaries of a lode claim.(2) The markings of Sue 3 were ascertained notwithstanding the marking stakes had been removed without fault of plaintiffs.(3) Substantial evidence indicated appellant had actual notice the location of Sue 3 was identical with the former location of Campbell 1, the ground markings of which remained.

Preponderant authority, both text and case, agrees that where there is conflict between markings on the…