Eveleigh v. Darnielle

action involves ownership of nine contiguous, unpatented mining claims known as the Yankee Jack group-, located in Shasta County. In 1962 Maurine Herrman had been the owner of these claims. Plaintiffs are her successors in interest. Between November 1964 and February 1965 defendants located four contiguous lode mining claims which overlay part of the Yankee Jack group. Defendants claim ownership on the strength of Maurine Herrman’s asserted failure to perform the annual assessment work required by federal law.

1

[640]

The trial court concluded that labor performed on behalf of Maurine Herrman satisfied the demands of federal law and quieted plaintiffs’ title. Defendants appeal.

■The crucial period is the 1964 “mining year,” commencing September 1, 1963, and ending August 31, 1964. (See 30 U.S.C.A. § 28.) Under the doctrine of group development, annual assessment work performed on any one or more of a group of contiguous claims inures to the entire group.

(Daly

v.

Wallace

(1965) 234 Cal.App.2d 689, 691 [44 Cal. Rptr. 642].) Since the Yankee Jack group consisted of nine contiguous claims, the holder was required to perform $900 worth of labor during the mining year.

A lessee had worked the Yankee Jack group but closed down operations in the fall of 1962: In January 1963 the lessee removed its machinery and equipment. In December 1963 (during the 1964 mining year) Miss Herrman’s agent hired a mining consultant, Carl W. Yates, who- spent eight days on the property taking samples both from surface cuts and from the underground mine workings. In the surface exploration he did not open any ground except by hand sampling. He testified that he had been hired to do sampling and assay work, but not assessment work. He billed approximately $800 for his services but was never paid. In the summer of 1964 Miss Herrman’s agent, C. M. Walker, spent parts of three separate days on the property taking samples from exposed ledges and the tailings. He used a pick, shovel, sledge hammer and bar in his sampling but did not dig any large holes. The samples were placed in canvas bags. The'filled bags, weighing 45 to 50 pounds apiece, were taken to Placerville for mill tests. Walker delivered a total of 810 pounds for milling and concentrating.