Richards

The defendant filed an application in the United States Land Office for a patent to a quartz mining claim fifteen hundred feet in length and six hundred feet wide, called the “Scorpion.” The plaintiff filed in said land office an adverse claim, averring that he was the owner of a quartz mine called the “Hope mine,” and that a portion of the Scorpion mine claimed by defendant conflicted with a portion of said Hope mine. The contest was referred to the superior court, where the plaintiff brought this action, and the court found in favor of plaintiff for the portion of the mining ground in conflict.

Defendant appeals from the judgment and from an order denying a motion for a new trial.

Plaintiff introduced evidence tending to show ownership of the mining ground in contest, first under a location made by Alexander Araya and others in June, 1872, and also under a relocation made by said Araya and one Samuel Ralston on *196 the 7th of April, 1880. Many of the exceptions relied on by appellant refer to said' location of June, 1872, and to evidence tending to show the continued ownership of plaintiff’s grantors under that location down to the second location of April, 1880. We think…