Armstrong v. Lower

Upon a petition for rehearing the following opinion was rendered by

Helm, J.

This application has been urged with more than ordinary skill and ability; and we have sought to give the questions presented the careful consideration which the industry of counsel and importance of the case merit.

We recognized in our opinion the right of petitioners to recover, at the former trial of this case, upon proof of prior actual possession of the premises in dispute.

Under the federal and state statutes, two kinds of possession of mining ground are recognized: First, where the miner, by virtue of work and…