Neuebaumer v. Woodman

Foote, C. Henry Neuebaumer and F. W. Street sued in ejectment for a certain piece of mining ground. [312]The defendant denied the ownership and right of possession of plaintiffs, and set up the claim that the ground was subject to location, under the laws of the United States, by any citizen thereof, as vacant and unoccupied, and that in pursuance of such laws, and the local rules and regulations of the mining district in which the mineral land described in the complaint was situated, he had located the same, and that he is in possession thereof and working it. He further denies that the plaintiffs ever had possession of the property in dispute, or that he ever ousted them therefrom, or wrongfully withholds the same, or that they have suffered any damage.

The court below rendered judgment in favor of the plaintiffs, from which, and an order denying a new trial, the defendant appeals.

From the facts found it appears that the mining claim was attempted to be located on the 24th of October, 1873, by one William Jones, by posting certain notices on it, but that in making this attempt he did not mark the location of the claim so that the boundaries could bo. readily traced.

On the 2d of July, 1877, Jones being indebted to one F. L. Tucker, he and the defendant here, S. P. Woodman, made a grant, bargain, and sale deed of this claim, called the Tiger Mine, to Tucker, describing it. Thereafter Jones and others, for Tucker, performed labor on the mine, running tunnels into it, and crushing the quartz rock taken from it in a mill situate near by, known as the Tiger Mill. Afterwards, on the 13th of February, 1880, Tucker deeded the property to one William T. Jones. The latter entered into possession of the claim under that deed, and during the years from 1880 to 1886 ran four tunnels in and upon the quartz vein in the claim, and expended several thousand dollars in labor and improvements upon it.

As part of the purchase price, this William T. Jones [313]executed and delivered to Tucker, on the 25th of December, 1880, a promissory note for fourteen hundred dollars, with interest, which instrument was signed by him and William Jones and S. P. Woodman, the defendant. On the 23d of January, 1885, Tucker commenced an action against the three parties last mentioned to recover the amount due on that note, but he died shortly afterwards, and Henry Neuebaumer, one of the plaintiffs here, became the executor of his last will and testament, and prosecuting the action, obtained judgment therein against the defendants therein on the 9th of July, 1885, for $1,529.22 and costs.