Howeth v. Sullenger

Haynes, C.

The defendants commenced proceedings under the mining laws of the United States to obtain a patent for the “White Rock Deposit” mining claim. The plaintiff in due time filed an adverse claim in the United States land-office, claiming the same ground under an alleged location thereof, and this action was brought to determine the rights of the parties to the ground in controversy. The cause was tried by the court without a jury; findings were filed, from which, as a conclusion of law, the court found that neither party was entitled to the premises, and dismissed the action, each party…