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A COMMENTARY ON THE LAW OF
MINES AND MINING RIGHTS
COMMON LAW AND STATUTORY
THE FEDERAL STATUTE AND THE STATUTES
FORMS FOR USE IN APPLICATION FOR PATENT
AND ADVERSE SUITS
WILSON I. SNYDER
OF THE UTAH BAR
IN Two VOLUMES
WILSON I. SNYDER.
STATE JOURNAL PRINTING COMPANY, PRINTERS AND STEREOTYPERS,
TABLE OF CONTENTS.
§ 821. Preliminary — Classification the better plan.
822. Same subject — Value of general principles as controlling.
824. Detailed classification of apex cases, division of the questions in-
826. The same principle involved, positions reversed, where side lines
become end lines - The Flagstaff case.
827. Same subject-Side lines becoming end lines - Angle of cross-
ing immaterial - The Amy case.
828. The effect of such a location as to extra-lateral rights - Pursuit
Veins Crossing Lines Not Parallel, and Herein of End-line and Side-
line Veins, and of Group Claims.
$ 834. End and side line doctrine Preliminary observations.
835. The decisions of the circuit courts on the question presented by
a vein crossing a side line and an end line, and the equitable
836. Effect of location and discovery on the dip of the vein where
apex crosses side line and end line.
837. End-line and side-line cases The equitable reasons of the rule
as originally considered in the Del Monte case.
838. The case of Fitzgerald v. Clark - Reason of the rule - A correct
result by reasoning partially right and partially wrong.
839. Criticism of the Clark-Fitzgerald case.
840. Wyoming v. Champion Ideal or imaginary location of veins
along center of claim not conclusive - End line and side line-
What a vein under the statute.
841. Further as to what is a vein — Flat or bedded veins.
842. The Wyoming-Champion case
Circumstances of the case com-
pared with other cases by the court – True construction of the
statute - Particular line or angle of crossing immaterial
Patents and rights under law of 1866 considered.
843. Walrath v. Champion - Law of 1866 — Relation of other veins
in claim to located vein - Other veins crossing side line - End
line for one, end line for all — One set of end lines.
844. Comments and criticism of the Wyoming case Classification
845. Further comments of the court which sustain us throughout in
the position sought to be taken.
846. No force in suggestion to postpone marking.
847. New but progressive announcement of the law.
848. Further comments to matters in last section - Dangerously near
849. Irregularly-shaped locations consolidated in one patent.
850. Same question - The Carson City case.
851. Original location lines immaterial - Doctrine of Doe v. Sanger,
852. Claims patented separately and consolidated, grouped and oper.
ated as one mine after patent.
Crossing Same Line Twice, or Crossing No Line.
§ 858. Preliminary – Growth of the thought denying extra-lateral
$ 859. Apex crossing the same side line of the claim twice - The Ful-
ton claim and the Drum Lummon compared.
860. Vein beginning and ending wholly within the claim — Crossing
When Extra-lateral Rights Abridged, Cut Off or Denied.
§ 865. When extra-lateral rights are abridged — Previous grant with
866. Right to penetrate adjoining ground granted or withheld accord-
867. Intersecting an older vein on the dip.
868. Lines so laid as to cut off prior vein at particular point of inter-
869. Effect of consolidation of a group — Estoppel - Segregation.
870. Other limitations and qualifications – Meeting of converging
lines — Coutrolling importance of priority of location in the
ordinary case Merger of matters of discovery and location in
872. When extra-lateral rights are wholly denied.
873. For discrepancy of definite wall or casing - The Leadville cases.
874, Extra-lateral rights denied for lack of inclination of dip and be-
The Laws of 1866 and 1872 Compared – The Statutory Grant of 1872
$ 880. Preliminary - The law of 1866.
881. The law of 1872 changed this.
Surface Lines as Controlling Other Veins, and Rights Thereto Extra-
885. Extra-lateral rights to spurs and offshoots
887. An early and somewhat different view by Judge Thayer.
888. The cases harmonized — The true rule.