Multnomah Mining, Milling & Development Co. v. United States

The appellant had acquired patents to two placer claims, aggregating 257 acres of land, the locations having been made in 1901 and 19Ó2, and the patents having been issued on October 31, 1904. One was known as the Peabody claim, and the other as the Wickham claim. The Peabody claim extends about a mile on both sides of .the Nespelem river, just above its juncture with the Columbia river, and the Wickham claim lies to the northwestward thereof, and the main portion .of both lies about 70 feet above the Columbia river. In the Peabody claim the Nespelem river has a fall of 170 feet. The appellee brought a suit to set aside the patents on the ground of fraud, alleging that said lands were not mineral lands, that no mineral in paying quantities had ever been discovered thereon, and that the patents had been obtained upon false affidavits. The appellant denied the allegations of fraud, and denied its knowledge of any *101 fraud' in the acquisition of the patents. Upon these issues the court below found for the appellee, and decreed that the patents be canceled.

[1] The testimony is voluminous and conflicting upon the issues of fraud. We find it amply sufficient, however, to sustain the…