Gustin

This action was brought by appellee to quiet his title to certain unpatented lode mining claims situate in the State of Nevada. As brought, the suit involved what are designated as the Kay Cooper claims Nos. 1 to 11, inclusive. The court granted a decree, D.C., 125 F.Supp. 811 , quieting title to the Kay Cooper claims Nos. 6, *287 7, 8, 9, 10 and 11. The appeal is from the judgment only as regards four of the claims, namely Nos. 6, 8, 9 and 10.

These claims were located by appellee’s predecessors in interest during the years 1948 and 1949. Subsequently, in 1951, appellants made lode locations upon the areas embraced within the boundaries of the four claims in dispute. It is not urged that there was failure on the part of the Kay Cooper locators to comply with the Nevada statute as regards the staking of the claims or the marking of their boundaries on the ground, or in respect of the filing of location notices containing the information required by the statute to be given in them. What is argued is that the claims are invalid, hence open to subsequent location, in that there was no discovery of mineral in place as required by the Federal statute, 30 U.S.C.A. § 23 . 1 Thus the…