Specie Payment Gold Mining Co. v. Kirk

This is an adverse suit to determine the question of possession and title to a lode mining claim. The defendant in error, defendant below, located the Eureka Lode Mining Claim in the Idaho mining district, Clear creek county, Colorado, in December, 1908, and completed his discovery shaft on the 17th day of the same month. On the 8th day of June, 1909, the plaintiff in error, plaintiff below, located the Specie Lode mining claim. These loca*276tions lie parallel but overlap and tbns constitute a conflict.

Kirk made application for patent for tbe Eureka claim, and the plaintiff filed its adverse…