Page:Federal Reporter, 1st Series, Volume 4.djvu/716

 702 rEDEBAIi BEPOBTSB. �Faxon V. Barnabd and others. �{Circuit Court, D. Colorado, November4, 1880.) �1. Mining Claims — Cbetificatb op Location — REConDiNa — CoiiOEADO �Rev. St. 629. — An act of the assembly of the state of Colorado (Rev. 8t. 629) requires that the certiflcate of the location of a mining claim muat be flled of record in the office of the recorder Of the county in which the claim may be, within three months next after the dis- covery of the Iode. edd, that failure to record the certiflcate within the prescribed time would not render the same invalid, provided ail things had been donc as the act required, bef ore any other and better right to the same ground had been perfected. �2. Bamb — Location— PBiOBiTY.—Therefore, when the Ontario Iode was �discovered on the public land, February 11, 1878, and the location completed in July of the same year ; and the Green Mountain Iode ■was discovered in August, 1877, and the location completed by flling for record a certiflcate of location in March, 1878 ; and these two lo- cations partly overlapped each other, — it was heîd that the claim of the Green Mountain Iode would prevail over the Ontario Iode upon the question of priority of discovery and location. S. Bamb— JDbscbiption— Rbv. St. i 2324r— Colorado Rev. St. 630.— Sec- tion 2324 of the Revised Statutes requires the description of a mining claim to refer to some natural object or permanent monument from which the claim may be identifled ; and the Revised Statutes of Colo- rado (630) declare that the certiflcate of location shall give " suoh description as shall identify the claim with reasonable certainty." Eeld, under these statutory provisions, that a certiflcate which de- Bcribed a claim as "situated on the north side of lowa gulch, about timber Une, on the west sideof Bald mountain, * * * staked and marked as the law diiects," was void for uncertainty of description. �4. Samb — Location — rossBssiON. — A location cannot be extended over a �senior discovery iii the actual possession of another. �5. Bamb— Bamb— Samb — Pebsumption — Injonction.— It will be pre- �Bumed, upon a preliminary motion for an mjunction, that auch pos- session continued at the time of a junior location, in the absence of proof to the contrary. �Motion for Temporary Injunction. �O. G. White, foi pMnm. �Ma/rkham e Patterson and Thomas a Camphell, for defend- ants. �Hallett, D. J. Plaintiff claims the Ontario Iode aa hav- Ing been discovered by George A. Gibson and others, on the public land, February 11, 1878, and the location completed ����