Gray v. Truby

This action was brought by the appellant against the appellees to recover the possession of a certain mining claim called the North Carolina lode.

The appeal is from a judgment of nonsuit.

The evidence shows that the appellant, in lieu of a discovery shaft, opened an adit on his lode, beginning at the surface where the lode was discovered, and running in and along the lode a distance of twenty or twenty-five feet, where it obtained a depth of eight or nine feet below the surface. It is claimed that where a lode is thus opened by means of an adit, it must at its face have a depth of at least ten…