Ebner Gold Mining Co. v. Alaska-Juneau Gold Mining Co.

(after stating the facts as above).

The decision of the case turns upon the validity of the location of the Parish No. 2 and the Oregon lode claims. Involved in this question is the necessity for determining whether. or not there was any substantial evidence introduced upon which the court was justified in predicating its view of lack of discovery on the Parish No. 2. The contention of the'Ebner Company is that the record discloses that upon the trial, “by a great preponderance of the evidence, if not by the undisputed proof, plaintiff in error or its grantors had, prior to any intervening rights, made a good and sufficient discovery, location, staking, and marking of the boundaries and posting and recording of the location notice of the Parish No. 2 lode claim,” and that since discovery the necessary annual assessment work had been done upon said claim.

Examination of the testimony of the witness Ebner, who was the original locator of the Parish No. 2 claim, discloses these questions and answers:

“Q. How did you happen to locate the Parish Lode? That is, did you take a.man with you the day you located it ? A. Do you want to know the history of it ?

“Q. I will ask you now —…