Copper Hill Mining Co. v. Spencer

By the Court, Sawyer, J.

This is an appeal from a judgment of nonsuit and. the order denying a new trial. The suit was brought to recover six hundred feet of mining ground. The evidence of the plaintiff shows that a party of miners, on or about the 1st of June, 1861, located, in the usual mode, three thousand feet or more in length on a copper ledge, and commenced the work of developing the mine; that from the 7th to the 10th of June— certainly as early as the 10th—the defendants also located, by putting up notices and immediately commencing work upon *24it, that portion of the same lode now in…