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7/25/2019 Mcdaniel v Apacible and Cuisia
1/2
7/25/2019 Mcdaniel v Apacible and Cuisia
2/2
property in the highest sense, which %ay be sold and conveyed and will pass by
descent" /t has the e:ect of a grant patent by the nited &tates of the right of
present and e;clusive possession of the lands located" And even though the locator
%ay obtain a patent to such lands, his patent adds but little to his security"
Actual and continuous occupation of a valid %ining location, based upon
discovery, is not essential to the preservation of the possessory right" 'he right is
lost only by abandon%ent as by nonperfor%ance of the annual labor re8uired"
'he %o%ent the locator discovered a valuable %ineral deposit on the lands
located, and perfected his location in accordance with law, the power of the nited
&tates 4overn%ent to deprive hi% of the e;clusive right to the possession and
enict with section - of the Jones
*aw, and is therefore unconstitutional and void" 'he writ of prohibition is granted"
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