Holland v. Mount Auburn Gold Quartz Mining Co.

53 Cal. 149 | Cal. | 1878

By the Court :

The defendant was in possession of the mining ground prior to the dates when the plaintiffs attempted to locate it, under the provisions of the Act of Congress of May 10, 1872.

Before the commencement of this action the location of plaintiffs was not distinctly marlced on the ground so that its boundaries could be readily traced, as required by the Act. (Rev. Stats. U. S. sec. 2324.)

Judgment and order reversed, and cause remanded for a new trial.