Atherley v. Bullion Monarch Uranium Company

COWLEY, District Judge.

This is an action brought by the plaintiff-appellant, hereinafter referred to as plaintiff, to quiet title to an unpatented mining claim known as the Poison Fraction. Defendant-respondent, hereinafter referred to as defendant, in its answer denied the validity of such claim and sought by counterclaim to quiet its title to an unpatented mining claim known as Farmer John No. 3. The alleged Poison Fraction claim of plaintiff overlaps the southeastern portion of the alleged Farmer John No. 3 claim. This overlapping constitutes the area of dispute in this case.

In the trial…