Lucky Four Gold Mining Co. v. Bacon

This is an action commenced by the defendant in error in support of his adverse claim. The plaintiff in error had made its application for patent to the “May B.” lode. The defendant in error claimed that portion of the territory of the “May B.” lode in conflict with the “W. C. ” lode mining claim. During the hearing the defendant below by permission of the court filed its supplemental answer in which it was alleged:

“That since the institution of this action, and since the filing of the answer of the defendant herein, the patent proceedings and the application for patent referred to in the…