Portenier v. Walsen

The parties to this litigation are before us in reverse order of their positions in the trial court. As a matter of convenience they will be herein designated as plaintiff and defendant, as they there appeared. Those noted as interveners do not appear here.

Plaintiff, as executor of an estate to which belonged some mining claims near Idaho Springs, on November 30, 1940, granted a right of entry upon the claims “for the purpose of searching for and removing therefrom mineral bearing ore for a period of ninety days from the date hereof with the right to continue from month to month thereafter…