Batt

As respondent states that appellant, in his brief, has substantially stated the case, we adopt appellant’s statement, as follows:

1. Appellant contends that finding No. 1 is not supported by the evidence. Said finding is: “At the date of the commencement of this action plaintiff was, and for more than five years prior and up to said date had been, ever since has been, and now is, the owner in fee, in the actual possession and entitled to the possession of” two parcels of land, described by metes and bounds.

Appellant makes the point that the location notice of the Samson lode claim was not posted at the point of discovery, as required by section 1426 of the Civil Code. The claim is that the evidence shows it to have been posted at a point seventy-five feet from the discovery.

There can be no question that the requirement of the code must be complied with. Said section 1426 is almost identical in language with section 3610 of the Political Code of Montana, under which latter section it has been held that the posting of a notice of location sixty feet from the point of discovery did not comply with the provisions of the section. (B utte Northern Copper Co. v. Radmilovich, 39…