24 Or. 229 | Or. | 1893
delivered the opinion of the court:
1. The first objection raised is as to the jurisdiction of equity to grant relief in cases of trespass and waste. The
The plaintiffs in their complaint claim the right to mine the Black Butte lode as owners thereof by virtue of location and possession, and set forth the particular facts upon which they rely to support their right. They then aver that while in the possession of the mine, and engaged in developing it, the defendants entered upon it with picks and shovels, and commenced to work thereon by proceeding to dig and uncover the ledge with intent to remove the mineral therefrom, and threatened to continue to dig and appropriate the valuable minerals of the mine to their own use, and to permanently deprive the plaintiffs of it; that they are insolvent; and that unless the defendants be restrained, the plaintiffs will suffer great and irreparable loss and injury. The Code provides that a justice’s court has jurisdiction of an action at law to recover the possession of a mining claim, and that the complaint must set forth the facts constituting the plaintiff’s right of possession, with such description of the mining claim as will be sufficient to identify it: Hill’s Code, § 2175, et seq. By
2. It is next claimed that there was no valid location of .the Black Butte mining claim, for the following reasons: First, it is argued that there must be a discovery of a mineral-bearing ledge before there can be a location, and that the evidence is insufficient to show that the plaintiffs or their grantors discovered such a vein or lode. We think the evidence shows that prior to the location of the mine, the predecessors in interest of the plaintiffs discovered a ledge or lode of gold-bearing rock or quartz where the Black Butte mine is now situated, and that it is valuable, and probably capable of yielding large returns. The development so far, according to the testimony of several witnesses, indicates that there is a large body of ore, which being greatly decomposed, is easily worked, and is rich in gold. Of course mining property at this state of development is speculative in its character, and its value cannot be calculated with any degree of certainty, as the value of the ore beyond the point of development cannot be ascertained, but the indications are that the lode is rich in gold-bearing quartz. ‘Second, it is claimed that there is nothing in the evidence to show that the plaintiffs or their predecessors in interest ever marked off the location of the Black Butte mining claim so that its boundaries could be readily traced. Section 2324, Rev. Stat. U. S. provides that “ The location must be distinctly marked on the ground, so that its boundaries can be readily traced.” The court below, in adopting the report of the referee, found that the.boundaries of the Black Butte mine were well defined by blazed trees, stakes, and stumps of small trees, — the tops of the trees being cut off from four to six feet above ground, and the stumps, squared, and that they can be readily traced. We think there was abundant evi
3. It is contended that the notice of location is defective and insufficient. The evidence shows that the notice which was posted at the discovery shaft and recorded in the records of Grant County, was as follows: “ Notice is hereby given that the undersigned having complied, etc., has located one thousand five hundred linear feet on the Black Butte lode or ledge, situated in Fox Valley mining district, Grant County, Oregon, described as follows: Commencing at this notice and running seven hundred and fifty feet in a southwesterly direction, and seven hundred and fifty feet in a northeasterly direction; also claim three hundred feet on each side with all dips, spurs, and angles. This ledge or lode is situated on the Dud Curl and A. P. Lamb placer claim, situated at the head of Rich- Gulch, just above John Harper & Co.’s placer claim.” It is contended that this description would simply go seven hundred and fifty feet in a certain direction and back to the starting point, but this is not so. It is seven hundred and fifty feet from the notice in a southwesterly direction, and seven hundred and fifty feet from the notice in a northeasterly direction, which makes one thousand five hundred linear feet. The evidence also shows that .there was no regular organized mining district in which the Black Butte mine is situated, and consequently it is not
It is lastly alleged that the requirement of the statute that one hundred dollars in value of work and improvement to be done and made on the lode in each year has not been complied with. There was but slight reference to this point at the argument. We think, however, the testimony of Curl, Oak, Brown, and Allen shows that the plaintiffs and their predecessors in interest have performed work, and made improvements which are of the required value. We think that it is established that the Black Butte lode has been continuously worked by the plaintiffs and their predecessors in interest since its discovery, and that from the year 1889 the plaintiffs continued to develop it by expending much labor, time, and material.
As these were the only points relied upon, it results from these considerations that the decree must be affirmed.