Purdy v. Steel

MoBeide, C. J., and Kelly, J., concurring.

The plaintiff, in his bill, seeks to enjoin the defendants from trespassing upon a certain mining claim to which he avers title in himself, and that he was in possession of the *217same at tbe time of suit brought. It is also averred that tbe defendants frequently enter upon said claim and work and remove therefrom valuable quartz rock, and they also set up some interest or estate in tbe same in themselves, adversely to that of tbe plaintiff.

A jury having been demanded, some five distinct issues were framed under tbe direction of tbe court, upon which…