Hanson v. Craig

ROSS, Circuit Judge.

Not being satisfied with our decision heretofore rendered in this case (161 F. 861, 89 C.C.A. 55), the petition for a rehearing of the cause was granted, and after a further consideration of the record we are convinced that the decision then made was erroneous. The theory upon which we then proceeded was that the evidence was sufficient to justify a finding of such a possession of the mining ground in question by the defendants in error, who were the plaintiffs below, as precluded the plaintiffs in error, who were defendants below, from entering upon it for the purpose of…