Waskey

The subject-matter of this action is a piece of mining ground in Alaska, covered by two overlapping mining locations; that under which the defendants in error (who were plaintiffs in the court below) claim having been made in January, 1904, under the name of “Golden Bull” claim, and that under which the plaintiffs in error (who were the defendants below) assert their rights having been made in January, 1902, under the name of “Bon Voyage” mining claim. The latter was made by the plaintiff in error Whittren, who afterwards executed a deed to Eadie of an undivided interest in it, the remaining plaintiffs in error holding under them as lessees, and, being in the actual possession of the disputed premises mining the same, the action was brought by the defendants in error to recover possession, with damages.

Upon the conclusion of all the evidence in the case, the court below directed a verdict for the plaintiffs, upon these grounds:

“First. That the location of the Bon Voyage claim, made in January, 1902, was invalid because no discovery of gold has been proved to have been made within the limits of the claim as surveyed on November 11, 1903, since such survey.

“Second. That the…