Holland v. Mount Auburn Gold Quartz Mining Co.
California Supreme Court
Holland v. Mount Auburn Gold Quartz Mining Co., 53 Cal. 149 (Cal. 1878)
1878 Cal. LEXIS 99
Holland v. Mount Auburn Gold Quartz Mining Co.
Opinion of the Court
The defendant was in possession of the mining ground prior to the dates when the plaintiffs attempted to locate it, under the provisions of the Act of Congress of May 10, 1872.
Before the commencement of this action the location of plaintiffs was not distinctly marlced on the ground so that its boundaries could be readily traced, as required by the Act. (Rev. Stats. U. S. sec. 2324.)
Judgment and order reversed, and cause remanded for a new trial.
Reference
- Full Case Name
- J. L. HOLLAND and EDWIN TILLEY v. MOUNT AUBURN GOLD QUARTZ MINING COMPANY
- Cited By
- 8 cases
- Status
- Published
- Syllabus
- Insufficient Location of Mining Claim:. —The posting of a notice upon a tree at each end of a mining claim is not a sufficient compliance with sec. 2324 of the Devised Statutes of the United States, which requires the location to ho “ distinctly marked on the ground so that its boundaries can he readily traced.”