Wheeler v. Smith

*705The opinion of the court was delivered by

Stiles, J.

Edward S. Smith, the defendant, in 1884, located a lode mining claim upon ground situated at the southeast corner of section 36, in township 37 north, range 3 west, and at the southwest corner of section 31, in township 37 north, range 2 west, under the provisions of the mining laws of the United States. Subsequently, and in the same year, he took the necessary steps to obtain a patent to the land described in his claim. But, upon reaching the general land office, it was ascertained, in September, 1886, when his application came to be…