Steele

after stating” the case as above, delivered the opinion of the court.

We find it necessary to consider only the second ground on which the court. found the equities with the appellee and dismissed the bill. ,The trial court upon the evidence found that there had been no discovery of mineral sufficient to sustain the placer location. Although in some instances courts have questioned the necessity of an actual discovery of mineral upon gold placer ground, it is established by the decided weight of authority that appropriate discovery is as necessary to the location of a placer claim as to the location of a lode claim. 1 Lindley on Mines, § 437; 20 Am.& Eng.Ency.of Law, 708, and cases there cited.

The evidence of the discovery of mineral on the placer claim is as follows: The appellant testified that for about 10 days prior to locating the claim he prospected the ground, and in so doing panned frequently, with the result that in most instances he secured colors of gold and in some instances fairly good prospects of gold. Another witness, one Woodward, who was hired to further prospect on the claim, testified that the result of his panning “showed colors of gold in each instance,…