McWilliams v. Winslow

Appellants as plaintiffs commenced and prosecuted this action in support of their adverse as the owners of the Adeline Clea No. 1 and the Adeline Clea No. 2 lode mining claims against the issuance of patent to the Maggie F. No. 4 and the Maggie F. No. 5 lode mining' claims property of appellee.

At the conclusion of plaintiffs’ evidence defendant moved a nonsuit, for the reason that it did not appear from the evidence that the ground claimed by plaintiffs as the Adeline Clea No. 1 and the Adeline Clea No. 2 was unoccupied and vacant public domain subject to location at the time plaintiffs…