Thornton v. Kaufman

This action was brought to determine an adverse claim in patent proceedings under section 2326 of the Revised Statutes of the United States (U. S. Comp. Stats. 1901, p. 1430); the plaintiffs claiming under a lode location named the “Vigilant,” and the defendant under a lode location named the “Little Spring.” The district court found for the plaintiffs. The defendant has appealed from the judgment. He relies upon several alleged errors, the principal one of which is that the complaint does not state facts to constitute a cause of action, in that it is not alleged therein that the adverse…