Pacific Coast Mining & Milling Co. v. Spargo

In the first case the grantor of plaintiff entered and paid for the land described in the complaint at the rate of $1.25 per acre, at the proper land-office, and received his certificate of purchase on December 19,1874. In pursuance of his purchase a United States patent in the usual form issued to him on September 6,1876. In March, 1880, the grantors of defendants located, in the usual way, a gold-bearing quartz lode, under the surface on the land in question, which they and the defendants worked under ground by means of a tunnel extended into it from without the boundaries of the land.…