McCleary

The action was brought to quiet title to a certain mining claim in Modoc county, known as the “Mountain Sheep Mining Claim.” The defendants contend that the land is included within their locations, known as the Evening Star, White Quartz and Klondyke mining claims, and the determination of the case involves the question of prior location and appropriation as to the respective claimants and whether up to the time of the trial plaintiffs had done everything required of them by law to maintain the validity of their claim. In reaching a conclusion -favorable to plaintiffs, the trial court found that their grantor, C. T. Fisher, “made a discovery of a mineral-bearing ledge in place containing gold on the ground embraced within the exterior boundaries of the Mountain Sheep mining claim on the first day of August, 1905, and that thereafter on the fourth day of August, 1905, and the seventeenth day of August, 1905, the said C. T. Fisher proceeded to and did mark the exterior boundaries of the said Mountain Sheep mining claim upon the ground so that its boundaries could be readily traced upon the ground, and that the marking of the exterior boundaries of the said Mountain Sheep mining…