30 U.S.C. § 41
Intersecting or crossing veins
Where two or more veins intersect or cross each other, priority of title shall govern, and such prior location shall be entitled to all ore or mineral contained within the space of intersection; but the subsequent location shall have the right-of-way through the space of intersection for the purposes of the convenient working of the mine. And where two or more veins unite, the oldest or prior location shall take the vein below the point of union, including all the space of intersection.
Notes of Decisions
Cited in 2
cases, 1928–2014 · leading case: Carey Mills v. United States, 742 F.3d 400 (9th Cir. 2014).
Carey Mills v. United States, 742 F.3d 400 (9th Cir. 2014). “Further, the district court dismissed certain claims against the United States pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure on sovereign immunity grounds.”
Moulton Mining Co. v. Anaconda Copper Mining Co., 23 F.2d 811 (9th Cir. 1928). “of extralateral rights within the western segment, and that the apex of the Intermediate should be held to be the apex of the View, too, and that the Intermediate, as a branch of the Rainbow, apexes in the Rainbow, and thus the Rainbow becomes the apex of the Intermediate for…”
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