Willeford v. Bell

BELCHER, C. This is an action to quiet the plaintiff’s title to a quartz-mining claim, which is described by metes and bounds, and as being fifteen hundred feet long and six hundred feet wide, and called the “Starlight Quartz Mine.” The complaint is in the usual form, averring that the plaintiff is the owner and in possession of the said mine, and that the defendant claims some right, interest and estate therein, but that he has no such right, title, interest or estate whatsoever. The defendant by his answer, disclaims having any right, title, claim or interest in or to the land described in the complaint, except to so much thereof as is included within certain described boundaries, and called the “Northern Light Mine.” The boundaries mentioned are six courses, extending from a fixed starting point to the place of beginning, and having the following lengths: 268.6 feet, 956.3 feet, 263.3 feet, 249.5 feet, 995 feet, and 288.4 feet. He then denies that plaintiff is, or ever was, the owner, in the possession or entitled to the possession of any portion of the said Northern Light Mine; and avers that he is, and at all the times mentioned in the complaint was, the owner of, in the possession of, and entitled to the possession of, all that portion of the premises described in the complaint, which is included within the boundaries of the said Northern Light Mine. Wherefore he prays that plaintiff take nothing by his suit, and that he have judgment for his costs.

At the commencement of the trial, on demand of defendant, a jury was impaneled to try special issues, and the following questions were submitted, and answers returned: (1) “Which party (if either) was the first to discover a ledge, vein or lode bearing gold in the premises in question?” Answer: “Defendant.” (2) “Did the plaintiff and his co-locators discover a ledge, vein or lode bearing gold, within the limits of their claim, before making their location?” Answer: “Yes.” (3) “Did the defendant, Bell, at any time before February 28, 1895, mark his location on the ground so that its boundaries could be readily traced?” Answer: “No.” (4) “Did the defendant, Bell, prior to the location of plaintiff, • discover a ledge, vein or lode bearing gold within the limits of this claim?” Answer: “Yes.” [681]After these answers were returned, and before judgment, defendant moved the court to disregard the second and third findings of the jury, upon the grounds: (1) That the second finding is inconsistent with the first and fourth findings, and is not sustained by the evidence; (2) that the third finding is not sustained by the evidence, but is contrary thereto. The court denied the motion, and thereupon made and filed its findings of the facts involved in the case as follows: That both plaintiff and defendant were native-born citizens of the United States, and as such qualified to locate and hold mining claims on the public mineral lands of the United States. “That on the twenty-seventh day of February, 1895, the plaintiff discovered what was called by him the Starlight quartz ledge, lode or vein bearing gold, within the limits of what is mentioned and described in the complaint as the ‘ Starlight Quartz Mine. ’ That on the twenty-eighth day- of February, 1895, the plaintiff and his colocators located the said Starlight Quartz Mine by posting notices thereon, claiming fifteen hundred linear feet of the lode and surface ground as set out in complaint, and distinctly marked the said mining claim on the ground so that its boundaries could be readily traced, and entered into the possession thereof. That prior to the twenty-seventh day of February, 1895, the defendant discovered a quartz lode or vein bearing gold on the land within the limits of what is now called the ‘Starlight Quartz Mine,’ and which defendant called the ‘Northern Light Mine,’ which said lode or vein is presumed to be the same lode or vein thereafter discovered and located by the plaintiff. That between the tenth and fifteenth days of August, 1894, the defendant posted a notice on the southwesterly end of what he called the ‘Northern Light Mine,’ near what he presumed to be the ledge, claiming fifteen hundred linear feet of the ledge and six hundred feet in width on each side of the middle of the lode, but the defendant did not distinctly mark the said claim on the ground, so that its boundaries could be readily traced, either at the time of posting said notice or at any time prior to the twenty-eighth day of February, 1895, or before the plaintiff located the said Starlight Quartz Mine.” And as conclusions of law the court found that on the twenty-eighth day of February, 1895, the plaintiff was, and ever since has been, the owner, in possession and entitled' to the possession, of the quartz-mining