Dixon v. Schermeier

Britt, C.

In the year 1873 the United States issued to one F. Hoffman a patent for certain mining ground, *584one hundred and sixty and seventy-seven one hundredths acres in area, called by the parties here the “Hoffman placer claim.” On the easterly and lower side of this, though not quite contiguous to it, lay an- “ other parcel of mining ground containing some fifty-eight acres, and called the “ Smith placer claim.” At the date of said patent there was, and is yet, a water ditch heading about half a mile above the Hoffman claim, and extending through the same to a reservoir a few rods within…