Page:Federal Reporter, 1st Series, Volume 8.djvu/880

 866 FEDERAL REPORTER. �it Beems reasonable to allow him to maintain his possession and Lis right against one whofleeks only to initiate a new claim to the same thing. In doing so, the regulations respecting locations are not at all relaxed, nor is any condition on wbich the estate is held set aside, A presumption is indulged that the location was regularly made in th^ first place, and the party in possession isallowed to remain so long as he shall comply with the conditions on which he holds the estato. The circumstance that a miner's estate in the public lands is subject to conditions, on failure of which it will be defeated, is not eontrolling. In general, we apply to mines in the public lands the fuies applicable to reallproperty: as that it raay be eonveyed by deed, is subject to sale on execution as land, descends to the heir of the claim- ant and not to the personal representative of Ms estate, and so on. No reason is perceived for denying the force and effect of the rule under consideration as applicable to such property. This view is accepted in California, and I have not iound any authority against it. Attwood Y. Fricot, 17 Cal. 38; Hess Yi Winder, 30 Cal. 3i9. �The deed from the master in chancery to Estelle does not give the boundaries of the claim, without which, aeoording to the authoritieS ciied, it would have no effect to extend the possession of plaintiffs beydnd the parts actually ocoupied by them. But reference is made to a location certificate of record, which contains a full and definite deiscription of the claim, which is the same as if the description had been given in the deed. It matters not that' the location certificate was not shown to be regular in all respects. If it gives a correct �. description of the property, such description is, by reference, incorpo- rated in the deed. �The charge to the jury, of which defendant complains, was, in substance, that possession of the Ocean Wave by plaintiffs at the date of the Charlotte location should extend to the limits defined in the master's deed to Estelle, and would defeat an adverse location during such possession. This, of course, was subject to proof of a �' Iode in the Ocean Wave ground* of which there was evidence. The proposition, as stated, is believed to be correct, and the motion for a new trial will be denied. , ��� �