Reeder

Reeder v. Mills

Good Law
1923 Cal. App. LEXIS 417·62 Cal. App. 581·217 P. 562
Court of Appeal of CaliforniaJune 18, 1923Civ. No. 2631.California425 words

Opinion

Lead Opinion

Finch, J.

Plaintiff was given judgment quieting his title to a certain mining claim known as the “Reeder Placer Mine,” containing 130 acres, and the defendant has appealed.

The claim was located in the year 1913 by an association of seven persons. The locators subsequently conveyed to plaintiff. In the year 1921 another association of persons posted a notice of location of the same claim. Defendant Mills claims title under the later location. The only question raised by the appeal is whether plaintiff failed to do the required amount of assessment work during the year 1920. Plaintiff testified that the value of such work was $602.50.

Appellant contends that the location consisted of eight contiguous claims and that the required annual expenditures thereon amounted to the sum of $800, citing Morgan v. Myers, 159 Cal. 187 [ 113 Pac. 153 ]. The pleadings and the evidence clearly show, however, that the land described in the complaint is a single claim, initiated by a single notice of location. Section 2324 of the Revised Statutes of the United States (U. S. Comp. Stats., sec. 4620), among other things provides: “On each claim located after the tenth day of May, eighteen hundred and…

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