Smith v. Cascaden

DE HAVEN, District Judge.

Thi.s is an action brought for the purpose of obtaining a decree that the plaintiffs are the owners and entitled to the possession of a certain mining claim situated on Cleary creek, in the Fairbanks mining district, Alaska, located on January 3, 1904, and described in the complaint as No. “13, below, on the second tier of benches on the right *660limit of Cleary creek.” It appears from the evidence that plaintiffs’ claim, as located on the ground, overlaps a portion of a mining claim which the defendant Cascaden located on December 2, 1902. The controversy involves the…