211 F. 105 | 9th Cir. | 1914
The appellee brought a suit against the appellant to quiet its title to certain placer claims in the state of Montana. The appellant answered and filed a cross-bill, alleging that within the boundaries of the patent claims he had located the Resurrection quartz lode mining claim; that the placer patents under which the appellee claimed excepted and reserved veins or lodes of quartz or rock in place bearing gold, silver, cinnabar, lead_, tin, copper, etc., which were known to exist within the.lands described in the placer patents at the date, of the applications therefor; that certain veins or lodes did exist at such dates, and were known to exist by the applicants; that one of such veins so known to exist extends through the Resurrection quartz lode mining claim, which was located by the appellant on December 1, 1909, and the appellant alleged -that he had made discovery thereon, and had regularly thereafter performed the necessary annual work on said claim. The appellant prayed that the appellee’s bill be dismissed, and that his title to the Resurrection claim be quieted. Upon the issues evidence was offered by the appellee showing its title to the lands described in the bill by virtue of placer patents issued at different dates, all of which were prior in time to the location of the Resurrection lode claim, and testimony was given that the Resurrection lode claim was within the boundaries of said lands.
The decree is affirmed.