Noyes v. Mantle, 127 U.S. 348 (1888)
U.S. Supreme Court
Noyes v. Mantle, 127 U.S. 348 (1888)
Noyes v. Mantle
No. 242
Argued and Submitted April 19, 1888
Decided April 30, 1888
127 U.S. 348
APPEAL FROM THE SUPREME COURT
OF THE TERRITORY OF MONTANA
Syllabus
When the location of a mineral lode or vein, properly made, is perfected under the law, the lode or vein becomes the property of the locators or their assigns, and the government holds the title in trust for them.
Where a location of a vein or lode of mineral or other deposits has been made under the law, and its boundaries have been specifically marked on the surface so as to be readily traced, and notice of the location has been recorded in the usual books of record within the district, that vein or lode is "known to exist" within the meaning of that phrase as used in Rev.Stat. § 2333, although personal knowledge of the fact may not be possessed by the applicant for a patent for a placer claim.