Doe

Plaintiff brought this action to recover damages for the alleged excavating, carrying away, and converting to their own use by defendants of large quantities of silver-bearing ore belonging to plaintiff. The verdict and judgment were for plaintiff; and defendants appeal from the judgment, and from an order denying their motion for a new trial.

There is one main question in the case, which we will examine first, as the others are of comparatively little importance.

Plaintiff is the owner.of a ledge or lode location and mining claim known as the Oriental. A portion of *204 this claim was sometimes called Oriental No. 2, and another ¡portion called Oriental No. 7; but for present purposes it is sufficient to call the whole the Oriental. Adjoining the Oriental, and lying to the north of it, is another ledge or lode location and mining claim owned by defendants, and called the Silver King. The southerly side line of the Silver King is the northerly side line of the Oriental. At one stage of the trial there seemed to be a question as to whether or not there was a small vacant strip between the two locations; but that question cuts a very little figure in the case, and we assume at…