7/25/2019 Mcdaniel v Apacible and Cuisia

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7/25/2019 Mcdaniel v Apacible and Cuisia

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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"