Birchfield v. Thiercof

MOLLOY, Judge.

This is an appeal from a quiet title judgment as to four unpatented mining claims in Cochise County. Both the plaintiffs and the defendant moved for summary judgment and the trial court granted the motion of the plaintiffs.

The area of the four lode claims in question was originally located in 1946 by M. W. Fry and Alva Green. The claims were given the names Lone Star Nos. 1 through 4 inclusive. There is no issue raised as to the validity of these original claims. The plaintiffs allege that they are the successors in interest of these original claimants. In affidavit form, they…