California, United States of America
The following excerpt is from MacDonald v. Midland Min. Co., 139 Cal.App.2d 304, 293 P.2d 911 (Cal. App. 1956):
"It is well settled that one who has actual knowledge of the claims of another to mineral land cannot, in good faith, relocate the land because of technical defects in the making of the location.' Ehrhart v. Bowling, 36 Cal.App.2d 503 [97 P.2d 1010, 1012].
"Every reasonable doubt will be resolved in favor of the validity of a mining claim as against the assertion of a forfeiture.' Betts v. Stephenson, supra.
"Good faith confronts any subsequent locator who enters upon the actual possession of a senior locator's land for the purpose of initiating a claim to the same ground, although the senior location be invalid, and when such entry is in bad faith such intrusion constitutes a naked trespass.' Brown v. Murphy, 36 Cal.App.2d 171 [97 P.2d 281, 286].
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