Terry, C. J., and Field, J., concurring.

This was a suit for the recovery of a mining-claim. Various errors have been assigned by the appellant, none of which, it seems to us, are well taken.

The vendors, who had sold to plaintiff by quit-claim-deed, were called by plaintiff, and objected to as incompetent, on the ground of interest; but it is well settled, on principle and authority, that the objection is not good.

It is also objected, that several leading questions were permitted to be asked of a witness; but if this were a reviewable error, if the record warranted the point, it is not, in this instance, well founded in fact.

The only question deserving of consideration arises from an instruction of the Court, as follows :

It seems, by the mining laws and regulations of the neighborhood, the locator of a quartz-lead has a right to alead taken up by him for a distance of nine hundred feet, upon complying with certain rules, one of which is, that he shall post up notice near the premises, stating his claim. A portion of this claim was un *449 developed, and underground. The vein ran, as subsequently-ascertained, in a different direction from that given in the notice. The defendant claims by a location subsequent to plaintiff's, on the undeveloped portion of the vein, which was out of the direction indicated in the notice. We think that this mis-description in the notice does not vitiate the plaintiff’s claim. The main thing was the vein; this it was that was intended to be taken up, and the exact direction could not, of course, be ascertained or accurately described until the vein was followed up, or explored.

All the questions as to the prior location, abandonment, credibility of witnesses, etc., were fairly submitted to the jury, and we can not undertake, in a case which seems to be peculiarly appropriate for their action, to say that they erred in passing upon contested facts.

The judgment is affirmed.