Richards

This is an action to recover two lots in the city of Nevada. Plaintiffs had judgment, from which and an order denying a new trial defendants appeal.

The facts out of which the case arises are as follows: A patent for the town site of Nevada was issued by the *46 United States, July 1, 1869, and whatever title to these lots passed by the patent was vested in the plaintiffs at the commencement of the action.

But the defendants claim that the portion of the lots which is in their possession was not granted by the patent, ;being reserved or excepted out of its operation by reason of the fact—by them alleged—that it contained a gold-bearing quartz vein, the existence of which was known at and before the date of the patent, and which has, since that date, been located by them in pursuance of the mining laws of the United States.

From this general statement, it will be seen that the question to be decided is, whether or not the premises in controversy were reserved out of the land patented for a town site. The determination of this question involves a construction of the laws of the United States relating to town sites and mineral lands, and a consideration of the state of facts…