Petersen v. Murphy

This action was brought by plaintiffs to determine the exact location and boundaries of a mining claim which had been excepted from a United States patent to the SE14 of the NW14 and the NE34 of the SW^4 of sec. 3, T. 6 N., E. 12 E., M.D.B.&M. Plaintiffs had acquired the patented land and defendants the mining claim. It appears that a segregation survey had been made by the United States in 1881, but that the field notes of same had been lost in the San Francisco fire of 1906. The area claimed by defendants to constitute the mining claim as excepted from the patent, covered a part of what…