Green

The action is to quiet title and the vital question in the ease involves the validity of a mining location made by respondents. The facts are substantially without controversy and may be stated as follows: On February 12, 1905, the respondents discovered mineral in paying quantities on the claim in dispute, and on the following day posted a notice of location on a tree plainly visible thought to be on or near the west line of the claim, but which a subsequent survey showed to be some two hundred and eighty-eight feet west of said line. An identical copy of this notice was recorded in the county recorder’s office on the twenty-third day of February, 1905. These two instruments were in proper form, were signed by the locators, witnessed by one George Adams, and dated February 13, 1905. On this latter date respondents went around the claim, placed stakes at what they believed to be the four corners, marked trees and brushed out the lines, so that the boundaries could be readily traced, and immediately began the work of development of the mine which had not ceased at the time of the trial of the action. On the twenty-ninth day of February, 1905, one of the respondents posted near a…