Carter v. Bacigalupi

Hayne, C.

— This was an action to determine the right to a mining claim. The defendant had judgment, and the plaintiffs appeal. The main points made for the plaintiffs relate to the sufficiency of the location of the defendant’s grantor and the sufficiency of the transfer to the defendant.

1. It was conceded at the trial that the plaintiffs’ locations were properly made and maintained, if the ground was open to location. The defense was, that the ground was not open to location, because the defendant had a pi’ior valid and subsisting claim. And the question is whether he had such a claim.

The…