McGinnis v. Egbert

The appellants, McGinnis and Shields, brought this action in support of an adverse claim filed by them against the issuance of a patent to the Winnebago lode upon the application of the defendant Egbert. The complaint alleges the right of the plaintiffs to occupy and possess said mining claim, or the greater part of it, by virtue of a location of the same on the 19th day of July, 1880, under the name of the Little Chief. It alleges *43that said defendant wrongfully ousted the plaintiffs on the 24th day of February, 1882.

It is contended that the plaintiffs established on the trial the…