Betts v. Stephenson

This is an action to quiet the plaintiff’s title to a group of unpatented mining claims. The defendants moved for a nonsuit on the grounds that the evidence did not show that these claims were open and unappropriated government land at the time in question; that the evidence disclosed that the discovery work was insufficient under section 2304 of the Public Resources Code; and that the locations were null and void under section 2307 of that code. In considering the motion the court stated that there was so far a failure of proof under section 2304, and offered the plaintiff an opportunity to…