Washington Law Review


The growing importance of the mining industry in the State of Washington calls for a consideration of the decisions of the Supreme Court of the State as to the status of mining locations in the State. Are mining locations on unpatented land, the fee of which remains in the Federal government, real or personal property? The questions involved in considering the problem are many and various. Would property descend as real estate or be distributed as personal property in the case of the death of the owner ? Does our statute requiring brokers' agreements for the sale of real estate to be in writing apply to mining locations? What is the proper form of transfer of a mining location? Do mining claims come within the terms "lands, tenements and hereditaments"? What is the status of buildings and other structures on mining claims, which on ordinary land would become fixtures? Should the interest of the owner of a mining claim be attached as real or personal property?

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