Boston & Arizona Smelting & Reduction Co v. Lewis

This is a suit adverse to the application for a patent to a mineral claim, alleging that defendants, in their application for a patent to the Merry Christmas claim, had included a portion of the Knoxville claim. The pleadings attack the Knoxville location, alleging that it was not marked on the ground by monuments; also that, if ever properly located, it has been abandoned by failure to do annual assess*6ment work. The cause was tried by the court without a jury. The evidence is very voluminous, and very conflicting. We find in the record much testimony incompetent, because hearsay, admitted…