21 S.D. 77 | S.D. | 1906
This is an action to determine adverse claims to certain mining ground situate in Rawrence county. Defendants'
Though the evidence may not have justified all the expressions employed by the trial court in its decision, with respect to. Garvey’s conduct, it certainty was sufficient to sustain the finding that, as to these plaintiffs, the* ground was not subject to location or relocation on January 1, 1901. On the preceding day Roberts was in actual and peaceable possession, when Garvey notified him that neither he nor any other person representing the defendants would be allowed to* work on the ground after that day. This was reported to one of the defendants, who sent Roberts to the grounds on January 1st, when the latter was again told by Garvey that neither he nor anyone reprtsenting the defendants could work thereon, that any one attempting to do so would be arrested, and because of what Garvey said Roberts refused to return to the claims, though re
The judgment of the circuit court is affirmed.