McMillen v. Ferrum Mining Company

By this writ of error it is sought to review a judgment of the supreme court of Colorado, affirming a judgment of the district court of Lake county in favor of the Ferrum Mining Company in a proceeding brought by the plaintiffs in error under Rev. Stat. § 2326 (U.S.C.omp. Stat. 1901, p. 1430), to determine the right of possession to certain mining grounds, plaintiffs claiming title as owners of the Eulalia Lode Mining claim, and the defendants claiming title to the same ground as the Golden Rod Lode Mining claim.

The case was tried before the court and a jury, resulting in a verdict and judgment in favor of the defendants, which was affirmed by the supreme court upon the ground that plaintiffs had not complied with either the Federal or the state statutes, in showing a valid discovery of mineral in their location.

Mr. George R. Elder for plaintiffs in error.

Messrs. Charles Cavender and John A. Ewing for defendant in error.

Mr. Justice Brown delivered the opinion of the court: