Brethour v. Clack

— This is a companion case to Clack et al. v. Brethour, ante, p. 21, 250 Pac. 253, It is an appeal by Sam Brethour, the plaintiff below, from that portion of the judgment quieting the title of defendants W. W. and Gr. H. Clack to the Noon No. 1 mining claim.

There are four assignments of error, but, as in the other appeal, only one legal issue is raised, to wit, that the evidence does not sustain the verdict and judgment. We will not restate the evidence, as it appears sufficiently in Clack et al. v. Brethour, with the exception of one matter to which we will refer later.

Plaintiff in this…