Brown

The suit is brought for the recovery of the mining claim known as the “Bryan Gold Mine,” described in the complaint as situate in section 24, T. 29 S., R. 34 E., M. D. B., with damages, etc., and for an injunction. The plaintiff had judgment, and the defendants appeal from an order denying their motion for a new trial.

Section 24 is government land, unappropriated' unless by the plaintiff’s claim. Section 13 adjoining it on the north has been patented to the Southern Pacific Railroad Company; from which, under a contract of sale, the corporation defend ant has derived a possessory title. The principal question in the case is as to the location of the boundary between the two sections named. According to the location claimed by the plaintiff:, this line is to the north of the mine; according to the claim of the defendants, it is south of the mine and about half a mile south of the location claimed by the plaintiff. The court adopted the plaintiff’s location and found the mine to be in section 24.

The defendants claim that this finding is not supported by the evidence; but we are of the opinion that this contention is without merit. The township in question was surveyed by Carlton…