Sydney

This is an action to quiet title to a copper mining claim. The defendants Westfall and Beeves filed a disclaimer. The case was tried by the court sitting without a jury, and judgment was for defendant Richards, and plaintiff appeals. The land in question was unoccupied government mineral land and at the trial plaintiff attempted to prove that she had acquired title thereto by two distinct proceedings. First, that on January 1, 1911, she and one Lisenby, through her husband, posted a notice of location upon the ground, and in 1913 performed more than one hundred dollars’ worth of labor. Afterward this location was abandoned and on September 14, 1914, while the land as she claims was still unlocated, she made a valid location thereon by posting the proper notice.

As regards the location of January, 1911, the trial court found from conflicting evidence that the required assessment work for the year 1913 had not been done. Under the rule governing this court, this finding will not be disturbed.

[1] As regards the location of September, 1914, by plaintiff, there was offered in evidence at the trial a prior notice of location posted on the claim on March 11, 1914, by defendant which,…