Mason v. Washington-Butte Mining Co.

(after stating the facts as • above). [ 1 ] The patent to the placer claim conveyed to the appellee’s grantors all mineral within the claim, including veins or lodes not known t'o exist at the time of the application therefor (Sullivan v. Iron Silver Min. Co., 143 U. S. 431 , 12 Sup. Ct. 555, 36 L. Ed. 214 ), and, by introducing the patent in evidence, the appellee established, prima facie, title to all the land described therein and all ores and minerals lying within the boundaries thereof (Iron Silver Min. Co. v. Mike & Starr Gold & Silver Min. Co., 143 U. S. 394 -401, 12 Sup. Ct. 543, 36 L. Ed. 201 ). But the appellants contend: First, that the placer location was void as to that portion thereof which was included within the Point Pleasant and Pleasant View quartz locations, and that the ground covered thereby remained public domain, subject to entry'-at the time of the location of the Gulf, Rabbit, Hope, Olivia, and Hornet lode claims; second, that at the time of the application for the placer patent there were known lodes and veins upon the ground, which, for the reason that they were known to the placer applicants, were excepted from *35 the placer patent so that they became…