Goss

The action is to quiet title and to restrain defendants from mining upon land claimed by plaintiff. The property involved lies in township 34 N., R. 5 W., M. D. M., and the only question in controversy is whether the mines in dispute are located in section 28 or section 33 of said township. The north line of said section 33 is the south line of said section 28. As admitted by both parties, the issue is to be determined by the solution of the question whether or not the northwest corner of section 33 is a lost corner. It is so asserted by respondents, and the findings and judgment are based upon the proposition that said corner is what is known as a lost comer, and must be located by the system of surveying designated as the system of proportionate measurements. Plaintiff claims that said mines are located upon her land in the northwest quarter of said section 33, basing the contention upon the theory that the lines should be run in accordance with the calls for natural objects set forth in the field-notes of the original government survey. According to appellant’s theory, the northwest corner of said section 33 is more than one thousand feet north of the point where it naturally…