Bushnell v. Crooke Mining & Smelting Co.

Stallcup, 0.

The appellants were the owners of the Monitor lode mining claim, and the appellee, a corporation, was the owner of the Annie lode mining claim. Appellants had applied for a patent, and this action was commenced January 10,'1880, by appellee in support of an adverse, claim to a portion of the premises intersected by the exterior lines of the Monitor claim. The location of the Monitor was prior to that of the Annie. It was contended by appellee that they were two distinct and separate lodes, and that the Monitor lode had departed from the side lines of the Monitor claim as located…