165 N.W. 542 | S.D. | 1917
Lead Opinion
This action w-as brought to- quiet title to a group of six unpatented1 mining claims, known as the Gordelia group of claims, and situated- in Pennington county. During the year 1914, and for some time prior thereto, respondent was in possession of said mining ground, claiming to be the owner thereof. In 1915, appellant, claiming that the assessment work required by -s-ectibn 4620, U. S. Comp. Stat. 1916 (section- 2324, Rev. Stat. U. S. 1878, had not been done for the year 1914,-went upon and attempted to relocate said mining ground under the names -of -the Giant No. 1, 2, 3, and 4 lodes. He thereupon brought this action- against the respondent to- quiet the title to the said • Giant claims in himself. The cause was tried without a jury, and at the termination of the trial the court found as a fact 'that the said Gordelia group -or -claims were valid subsisting mining locations, that- defendant is the owner -thereof, that a sufficient amount -of assessment work -had been performed thereon during the year 1914, and that the attempted .relocation of said ground by the appellant was n-ull and void. Decree was entered accordingly, and from- said decree, and1 an order overruling his motion for a new trial, plaintiff appeals.
Appellant’s motion for a new trial i s based upon three grounds: First, insufficiency of the evidence to- show performance o-f the assessment wo-rk for the year 1914; second, irregu
To .show that the work was not worth as much as it was found to be by the court, appellant introduced evidence showing the number of men that had been employed to do said work, the length of time they were engaged, the amount of wages they received, and the amount and cost of material, etc.,' that was used. By adopting this method of computing valúe, appellant showed that the work performed by respondent dicl not amount to more than $77.11 per claim for the year 19Í4. But this is not the correct method of computing the value of assessment work on a mining claim. The true test is the actual value of the improvement to the mine. Evidence of the cost of labor, material, etc., is competent-as tending to show the good'faith of the party making the expenditure, but it is not conclusi’ve upon the question of the value of such impro’vement. Stolp v. Treasury Gold Min. Co., 38 Wash. 619, 80 Pac. 817; Lindley On Mines (3d Ed.) § 635; McCormick v. Parriott et al., 33 Colo. 382, 80 Pac. 1044.
Finding no prejudicial error in the record, the judgment and-order appealed from are affirmed.
Dissenting Opinion
.(dissenting). I am unable to agree with the majority opinion. I do- not believe the evidence received upon