Campbell

This case presents a contest between two quartz lode claim locators claiming the same premises, their locations being within the surface lines of a placer claim theretofore located by one of them. William Grant, now deceased, brought ejectment against the plaintiffs in error to recover possession of a placer mining claim, alleging also in the complaint his ownership and right of possession of the quartz location known as the Hillside lode claim, located partly upon and running through the said placer claim. The answer alleged title and possession of the Silver King lode mining claim, based upon a location alleged to have been made by the defendants on June 6, 1921, and prior to the location of said Hillside lode claim; both lode claims covering the same vein or lode. The jury returned a verdict for the plaintiff in the action, and judgment was thereupon rendered.

*208 It was not disputed that on September 10, 1919, Grant entered upon the ground covered by his placer claim, named the Hill bench claim, and made discovery thereon and on April 19, 1920, returned to the ground in company with Hamilton, who owned an adjoining placer claim, known as the Horseshoe claim, and with…