McDermott v. O'Brien

LAURANCE T. WREN, Superior Court Judge.

This is an appeal from a decree and judgment in favor of the appellee, Peter F. O’Brien, quieting title to two unpatented mining claims.

The facts pertinent to this review are as follows: On May 1, 1958, the appellant C. M. McDermott, leased the Monte Cristo Mine comprising sixty-two unpatented mining claims, to one Kelsey. July 1, 1958, O’Brien filed location notices for claims designated Terry No. 1 and Terry No. 2, which claims were a part of the territory encompassed by the mine and filed his affidavit of labor performed and improvements made within…