United States Smelting Refining & Mining Co. v. Lowe

PRATT, District Judge.

This is a suit to quiet title in support of an adverse filed in the Land Office against defendant Lowe’s application for patents.

The plaintiffs allege ownership of the “L Association” and “Snow Shoe Fraction”, placer mining claims', by virtue of locations thereof in 1908. The defendant claims the ground in controversy by locations made in 1941, upon the theory (a) that the location certificates of plaintiffs’ predecessors were insufficient; and (b) that the annual labor was not done .as required by law.

The case was in the nature of a suit in equity, triable before the…