Schroder v. Aden Gold Mining Co.

GRAY, C.

This is an action to determine the right to about seven acres of mining ground situated in Mariposa

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County. The defendant, on a trial before the court without a jury obtained a judgment, from which and from an order denying them a new trial the plaintiffs appeal.

The plaintiffs claim the land as a part of the San Antonio mining claim. They endeavored to prove to the satisfaction of the court that the disputed ground was included within the lines of said mining claim as they were originally run and marked with monuments in the field. To this end they called a witness who testified that he had helped to erect the original monuments inclosing the disputed tract, which monuments are numbered 3, 4, and 5 on the plat in evidence. He further testified that the deputy United States surveyor, S. J. Harris, had relocated these monuments, and established new monuments just where the old ones had formerly been. There was also some other evidence tending to corroborate the foregoing. There was also evidence in conflict with it. The original written notice of location of the “San Antonio Mine” was at right angles with this direct testimony as to the location of these three monuments. Furthermore, it was shown that there was no evidence upon the ground, and none seems to have been discovered under the ground, that there was any lead or lode extending in a direction to warrant the placing of the monuments 3, 4, and 5 where they must have been to uphold plaintiffs’ contention. On the contrary, it was shown by expert testimony that the lead in all probability continued in the direction indicated by its course, as it could be plainly traced for about one half the length of the claim. This would also make it correspond to the said written notice of location.

The court found in effect that the mine extended in the direction indicated by the lead so far as it could be traced upon the surface, and that its location corresponded with the written notice of location rather than with the evidence as to the location of these three monuments. Appellants attack this finding, and say that the monuments erected in the field should control courses and distances as indicated upon paper. This statement embodies a correct rule many times declared by this court. But in the present case the evidence as to the location of the original monuments was of an unsatisfactory character so far as it related to the three disputed monuments. The surveyor who attempted to relocate these monuments