Berto v. Wilson

OPINION

By the Court,

Merrill, J.:

This is an action to quiet title to mining property. Mining claims located by the respective parties overlap and to that extent are in dispute. Judgment was entered by the trial court, sitting without jury, quieting title in the respondents to the property claimed by them. From that judgment this appeal is taken. The sole question involved is whether the record supports the determination of the trial court that respondents were senior in the posting of their claims and in the discovery of mineral in place and thus were senior in location of the disputed area.

The…