The record-union., 1896-10-06
No. % of the Big Oak Tree Q. NJ. Sur

NAeo ~ IO Of-IUU acres, reduces Gnu
ilne, course No. of the Rising Sun at
ent. II links, or 4S feet (p 200 of the
testimony, and throws the shaft mark
eu on Mineral Claimants Elk. "C' as
perpendicular shaft 81 feet deep" on
the ground of the Big Oak Tree re-loca-
ton
IN p. of his reply brief protestant
says there is no need for claimant to
Cite a long list of authorities to show
that in deeds or in patents course and
| distance are subservient to natural and
ascertained objects. That is elemen-
| tary law"
courses and distances as set forth in
feid notes must yield to actual monu-
1nents placed at time of patent sur
Vey. (Bell VS.. Skillicorn, % Pac. 1852
1t is universal rule that course and
| distance yield to natural and ascer-
| tanned objects (Barclay VS.. Lowell,
o. Pet.; Preston VS.. Bowman, q Wheat,
ooO; Morrow VS.. Whitney, 80 u. s.,
ool; Bartlett Land Company VS.. San
ders, lob q. S., 316; Cullacott VS.. Cash
q. and S. M. c., 6 Pac., 213; Pollard VS..
Shively, 5 Colo. 300; Book VS..
Justice, 5S Fed, JOG; Devlin on Deeds,
Sec. 1929, and the numerous authori-
ties there cited
A call for quantity is never regarded
| as of the essence of a conveyance un-
less specifically made so by the instru-
ment itself. A call for quantity will be
rejected If it is inconsistent with the
| actual area when the same is capable
OF being ascertained by monuments and
| boundaries. g Devlin on Deeds, Sec.
| 1C44, and numerous authorities cited
in note p
AS to the second issue. that the big
oak tree Q. NJ, as surveyed, includes
ground not covered by the location upon
Which application for patent was
made" we find that there is a discrep-
| ancy between the ground described in
the written notice and the ground actu
ally located in the field on July %, 1893.
| The written notice Of relocation reciteS
as follows, to wit: Notice is hereby
| given to all whom it may concern that
Phil Nichols and Joseph Very, citi-
zens Of the United States, over the age
of Il years, having discovered a vein or
lode Of quartz, or rock in place, bearing
gold and silver within the limits of the
claim hereby relocated, have this day,
under and in accordance with the re-
vised statutes Of the United States,
chapter six, title thirty-two, relocated
| fifteen hundred q, Q,50O) linear feet Of
| this vein or lode, with surface ground
six hundred 5000 feet in width, situ-
ated in Illinoistown Mining District,
county of Placer, State of California,
quartz mining claim, and extending
and known as the big Oak Tree"
seven hundred and fifty $50 feet
| northeast to a stake and seven hundred
and fifty (75OO feet southwesterly to a
I stake from this notice at the discovery
or prospect shaft, which is $50 feet
/ from southwest end line of ledge, the
exterior boundaries of this claim being
distinctly marked by reference to some
natural objects or permanent monu-
ments, and more particularly described
| as follows, to wit: Commencing at an
oak tree near Prospect shaft, thence
| 100 feet in a northeasterly direction to
a stake marked "A"; thence 800 feet in
a southerly direction to a stake marked
''B"; thence 1,500 feet in a southwest
| erly direction to a stake marked CO..;
thence 600 feet in a northerly direction
to a stake marked d.; thence 750 feet
in northeasterly direction to stake
marked "A, - the place Of beginning,
with all its dips, spurs, angles and vari-
ations and all cross leads contained
within the 600 feet in width Of this relo-
cation, situate on southeast quarter Of
section 33, township Is north, range 8
east, this being a relocation Of ledge
that was located in 1866, and subject to
| relocation on account Of no work being
done on the same for several years, and
we intend to hold and work said claim
as provided by the local customs and
rules'of miners and the mining statutes
| of the United States
The ground actually relocated in the
field is determined by the testimony of
Philip Nichols page So, S4 and So of the
testimony, and Of Joseph Very page
104, ct seq The testimony of Philip
Nichols, one of the relocators, on this
point is as follows: II was present when
the notice was posted July 20, 1888, on
the Big Oak Tree, as called for in
the notice. We stuck UP the notice-a
temporary notice-and then measured
with a tape line We merely drove tenn
porary stakes. We then measured out
$50 feet each way east and west from
| the prospect shaft, and then we put a
stake on the northeast corner"
Witness then stated that they set
stakes at the four corners, the south
easterly corner in John Mays field, the
southwest corner in John Mays vine
yard, the northwest corner north of the
Rising Sun line Thereafter Mr.. Uren,
the surveyor, was called, established
the corners and fixed permanent
marked stakes and mounds, trees We're
blazed, etc. This was before S. D. VAL
entine, the mineral claimant and re-
spondent, purchased. The testimony Of
Joseph Very, the co-relocator with
Nichols, on this point, is as follows
1--WE posted a notice in July, 1883, on a
big oak tree close to the present shaft,
the working shaft now marked shaft
and engine-house' on the plat, then took
our tape line and ran 75O feet each way
in a northeasterly direction and south
westerly direction. We ran across 6OO
feet placed one stake upon the Rising
Sun dump close to the powder-house
that is the northeast corner. We did
not run 600 feet in any one direction.
We ran 800 feet each side of the ledge.
We ran q 500 feet line) on the line of
the lode, as we supposed. We set four
stakes at that time, one at each cor
ner on the same day we located. The
| northeast corner is set on the Rising