Kirk v. Meldrum

Mr.Justice Gabbert

delivered the opinion of the court.

This action was commenced by appellants, as plaintiffs, in support of their adverse, as the owners of the Polly placer, against Hie issuance of patent to the Ada placer, property of the appellees. At the conclusion of the testimony on the part of plaintiffs, the defendants moved for a nonsuit for the reason- that it had not been shown that the Polly was located on unoccupied public domain, and as a matter of fact, that the locators knew at the time of location that the ground embraced within the boundaries of the Polly placer was claimed by…