If the Lines of a Junior Lode Location Be Laid Across the Surface of a Valid Senior Location Will the Junior Location Acquire Extralateral Rights Based on a Portion of the Vein Which Is Included within the Senior Location as against Another Earlier Location Covering the Dip of the Vein

Authors

Myron A. Folsom, Spokane, Washington

Abstract

It was decided in Del. Monte M. & M. Co. v. Last Chance M. & M. Co.,: that the lines of a junior lode location may be laid upon the surface of a valid senior location (if done openly and peaceably), for the purpose of securing extralateral rights on the dip of a vein the apex of which is within the second and outside of the first. But the court declined to decide whether the junior locator would acquire any extralateral rights based upon a portion of the apex covered by the senior location, saying "Perhaps the rights of the junior locator below the surface are limited to the length of the vein within the surface of the territory patented to him, but it is necessary now to consider that matter."

Recommended Citation

Myron A. Folsom, If the Lines of a Junior Lode Location Be Laid Across the Surface of a Valid Senior Location Will the Junior Location Acquire Extralateral Rights Based on a Portion of the Vein Which Is Included within the Senior Location as against Another Earlier Location Covering the Dip of the Vein, 12 Mich. L. Rev. 198 (1914).
Available at: https://repository.law.umich.edu/mlr/vol12/iss3/3