United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wilbur v. Krushnic, 280 U.S. 306 (1930)

Wilbur v. Krushnic

No. 63

Argued December 6, 9, 1929

Decided January 6, 1930

280 U.S. 306

CERTIORARI TO THE COURT OF APPEALS OF THE

DISTRICT OF COLUMBIA

1. Under the General Mining Law, a perfected location of a mining claim has the effect of a grant by the United States of the right of present and exclusive possession, and so long as the owner complies with that law, this right, for all practical purposes of ownership, is as good as though secured by a patent. P. 280 U. S. 316.

2. Failure to perform the annual labor (Rev.Stats. § 2324; U.S.C. Title 30, § 28) renders the claim subject to loss through relocation by another claimant, but it does not ipso facto forfeit the claim, and no relocation can be made if work be resumed by the owner after default and before such relocation. P. 280 U. S. 317

Page 280 U. S. 307

3. So far as the government is concerned, failure to perform labor in any year is without effect, and whenever $500 worth of labor in the aggregate has been performed, and the other requirements, including the payment of the purchase price, have been complied with, the owner is entitled to a patent, even though, in some years, annual assessment labor has been omitted. P. 280 U. S. 317.