Eureka Exploration Co. v. Tom Moore Mining & Milling Co.

The motion for non-suit was based and sustained upon the theory that the location of the Valentine lode claim was void for the reason that it was made upon the ground which the original locator had, from time to time, located under different names, under which a discovery cut was partially excavated, which, as extended, after locating the ground as the Valentine, was made the discovery cut of the latter. At the time this motion was interposed, it did not appear that any rights of defendant or any one else, had attached to the ground in controversy. In Ingemarson v. Coffey, 41 Colo. 407, we…