U.S. Supreme Court
Farrell v. Lockhart, 210 U.S. 142 (1908)
Farrell v. Lockhart
Submitted March 9, 1908
Decided May 18, 1908
210 U.S. 142
Ground embraced in a mining location may become part of the public domain so as to be subject to another location before the expiration of the statutory period for performing annual labor if, at the time when the second location is made, there has been an actual abandonment of the claim by the first locator.
Lavignino v. Uhlig, 19,8 U.S. 443, qualified so as not to exclude the right of a subsequent locator on an adverse claim to test the lawfulness of a prior location of the same ground upon the contention that, at the time such prior location was made, the ground embraced therein was covered by a valid and subsisting mining claim.
Where three mining locations cover the same ground and the senior locator, after forfeiture, does not adverse, the burden of proof is on the third locator to establish the invalidity of the second location.
1 Utah, 165 reversed.
The facts are stated in the opinion.