Milligan v. Savery

"Wade, C. J".

This is an appeal from a judgment in favor of defendant, rendered on motion for a nonsuit. The complaint alleges that plaintiffs (appellants) now, and their predecessors in interest, have been for more than ten years prior hereto the owners and entitled to the possession of certain portions of the Atlantic Cable lode claim, situate in Deer Lodge county, which are particularly bounded and described; that the defendant has heretofore applied for a patent to said ground, and that the plaintiffs bring this action to determine the right to the possession of adverse mineral claims,…