Adams

(after stating the facts as above).

Many of the errors assigned go to the sufficiency of the" evidence to sustain the findings; but a careful reading of the record satisfies us that the findings are all in accord with the evidence and must stand. We therefore pass to the consideration of what legal principles should control. Under the ruling of McIntosh v. Price, 121 F. 716 , 58 C.C.A. 136 , Zimmerman v. Funchion et al., 161 F. 859 , 89 C.C.A. 53 , Waskey v. Hammer, 170 F. 31 , 95 C.C.A. 305 , and Jones v. Wild Goose M. & T. Co., 177 F. 95 , 101 C.C.A. 349 , 29 L.R.A.(N.S.) 392, a location of a placer claim made in good faith, but by mistake containing an excessive area, is not wholly void, but is invalid only as to the excess, which may be rejected from such portion as the owner may select, and until the owner is advised that there is an excess, and has had a reasonable time within which to make his selection, his possession extends to the entire claim, and any one who goes upon it and makes a location becomes a trespasser, and his location is a nullity and void for any purpose.

Appellant contends, however, that the Anaconda locations made by Adams are excluded' from within…