Howeth

The defendants commenced proceedings under the mining laws of the United States to obtain a patent for the “White Rock Deposit” mining claim. The plaintiff in due time filed an adverse claim in the United States land-office, claiming the same ground under an alleged location thereof, and this action was brought to determine the rights of the parties to the ground in controversy. The cause was tried by the court without a jury; findings were filed, from which, as a conclusion of law, the court found that neither party was entitled to the premises, and dismissed the action, each party to pay his own costs, and from the judgment entered thereon the defendants appeal upon the judgment-roll.

The findings show that appellants attempted to locate the ground in question on November 4, 1882, under the name of the “Comet,” and all the facts necessary to show a valid location are recited, except that it was said that “the marking of said location claim on the ground was such that its boundaries could not be readily traced”; and it was further found that from that time until the twenty-ninth day of April, 1890, they were in the sole and undisputed possession, holding the same by virtue of…