Priestley Mining & Milling Co. v. Lenox Mining & Development Co.

Defendant has appealed in this forcible detainer action brought to obtain possession of eighteen mining claims. The claims were located by defendant in 1940, and are contiguous to a group of twenty-seven claims it previously had located and leased to plaintiff. The entire group of forty-five claims is situated in a mountainous area. They are located in five rows of nine claims each. Those in the most northerly and the most southerly rows are the eighteen involved in this case.

The court found that, since 1942, plaintiff was in “peaceable and undisturbed physical or constructive possession” of…