Erhardt v. Boaro
U.S. Circuit Court for the District of Colorado
Ejectment for a mining claim in the county of Dolores, called by plaintiff, Hawk lode, and by defendant, Johnny Bull lode. Plaintiff alleged a location begun in June;, 1880, by one Thomas Carroll, who was employed by plaintiff to search for lodes, under an agreement to give plaintiff four-fifths interest in all locations made by him, Carroll retaining one-fifth for himself.
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Ejectment for a mining claim in the county of Dolores, called by plaintiff, Hawk lode, and by defendant, Johnny Bull lode. Plaintiff alleged a location begun in June;, 1880, by one Thomas Carroll, who was employed by plaintiff to search for lodes, under an agreement to give plaintiff four-fifths interest in all locations made by him, Carroll retaining one-fifth for himself. Carroll testified that he found at the place in controversy, on the surface of the ground, indications of a lode, and, with a pick, made an excavation a foot or eighteen inches in depth, which disclosed a lode very…
1Opinion of the Court
The Court charged the jury, as follows:
Hallett, J.
First—The first question for the consideration of the jury is as to the discovery of a lode or vein of silver-bearing ore by Carroll at the place in controversy. It is incumbent on the plaintiff to show, by preponderance of testimony, that such discovery was made. On this point, there is the testimony of Carroll as to what he found there, and some evidence on both sides as to the condition of the ground in the locality. The position of the plaintiff is, that the lode cropped out at the place, and was clearly disclosed by the slight work with a…
2Cited by1 opinion
- Craig v. ThompsonSupreme Court of Colorado · 1887