Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-04-02

'D
mining claim which has been regularly
located and recorded as required by the
local laws and mining regulations shall
DC subject to forfeiture for non-pertorm-
ance of the annual assessment work for
the wear eighteen hundred and ninety
three: Provided, That the claimant or
claimants of any mining location, in Or
der to secure the benefits of this Act, ;
shall cause to be recorded in the office
where the location notice or certificate
was filed IN or before December thirty
first, eighteen hundred and ninety-three,
a notice that he or they in good faith in
tend to hold and work said claim The
.\"t of 1904 was the same in terms as the
Act of 1893, except the year of 1894 was
Substituted for the year 1893.
The Fraction Mine being represented |
Ivy one of the ~locators A.. Berth. and said
Ne>bitt Bros. having had said notices re- |,
corded, in pursuance of said agreement
and at the instance of said Borth. x we'll
as of themselves, and under the honest
belief of all three that the Nesbitt Bros
had legally acquired all the right, title !
and interest of the other two locatOrS Ivy
virtue of said judgments and sales made
hereunder, we are of opinion that said
mine had not been torfeited nor subject
to relocation when the location of the
Sleeper Mine was made. and therefore,
that the location of The Sleeper Mine was
and is invalid in so far as ii covers the
Fraction Mining claim.
The contention of counsel, that. in the
sense of said Statutes of 1885 and 1894,
the claimant or claimantS' authorized to
secure the benefits of said Acts, must
have a valid claim to the mining ground
claimed, is NOT, in our opinion, tenabie.
In ease of conflicting locations of the
anne mining claim. the respective claim
ants are both required to perform the an
nual labor. and in 1898 and 1904 they were
both required 10 do the required assess
ment work or cause the prescribed notice
10 hc recorded in lieu thereof, Vet in no
such ease could both have a valid claim
to the same mine.
Counsel contends that the Judgment is
against law iii that ii qUi~j> the title in
the piajuiih, which tide they aliege "ncv-
=; err existed and which title il it exists at
t all, i ILL in DeBeck and stevens. and
- with which lille the plaintiff has shown
i neither Il legal nor an equitable cOnnec-
u ton. tnd neither of them lDeBeck and
Stcr..l~ being parties 30 this action, thai
+ title clalpt be affected bv this action. nOl
Il can ii htquieted ina party. who is a stran
: CERT 81 and especially it cannot he quiet
/ ed III favor of such stranger as against
bona tide prior occupant. claiming unde
II color of title superior to that set up h,
o the plaintiff"
~ The answer t. this contention is, tina
the title to the Fraction Mine was quietct
in the r~Iaintitf and his said cO-claim
ii ants. one of whom is a. Berth, one of tn
\. original lOcatOrs: hat, as we think w
as have shown. sad mine has not been sub
n ject to forfeiture. and hence the defend
IN ants relocation is invalid: that if tn
10 Nesbitt Bros. have no valid title to De
al Beck and Stevens interest. and have nC
otherwise d valid interest in said mine. I
- Berth has the exclusive right of possess
ion as against them. as welt as against tn
Ill defendants, and the invalidity of til
id claim Of the Nesbitt Bros. could not avail
he the,defendant or make valid or Strengthe
all his claim, nor could it invalidate or in
elk pair the validity of the claim of A. Bort
ir- Any question that may exist, if any, b.
tween any of the ~lOcators of the Fractio
Mine and the Nesbitt Bros. as to IL
rights of the latter claimants with refe
- ence to said mine, is a matter solely
their own concern. and not a matter
49,, which the defendant has any legal inte
est.
We are of opinion that the evidence
Of sufficient to support said judgment al
that said judgment is not against la
The judgment and order appealed fro
are, therefore. affirmed.
es- We concur: BELKNAP, c.. J
tile MASSEY, j.
lid Filed March 30, 1898.
" EUGENE HOWELL,
'ue
,r Secretary of State and ex-Officio Clerk
the the Supreme Court.
"" Handed to the printer for publicati
$40.
on March 80. 1898. Eugene Howell.
one