Page:Federal Reporter, 1st Series, Volume 1.djvu/548

 540 FEDERAL REPORTER. �but an actual occupation and possession, a possessio pedls, a physical presence of the plaintifï by its officers, agents and servants, actually controlling and dominating the claims as early, at least, as the month of March or April, and the domination and possession extended to the bounds of the claims as described in the conveyance to plaintifï, under wMch it claimed title, and as indicated by the stakesplanted by Anderson and found by Scowden to mark the location, and the notices stating the extent of the claims — the claims lying, the testimony tends to show, in one body, and conveyed by one deed to the same party, and being developed by the same means as a part of one general System. If, tlierefore, you find from the evidence that the plaintiff acquired and maintained a valid location to ail or any of these claims in question by the means in these instructions before indicated, and per- formed the acts of possession just supposed, bel'ore any right had accrued to the defendant, then, as to such claim or claims, the plaintiff had, as against the defendant, both a good title and rightful possession at the time the trespasses are alleged to bave been committed, and when it is conceded that the defendant actually entered and committed the acts com- plained of, and you will find for the plaintiff on those points. If you find title and rightful possession in the plaintiff, as just indicated, as to aU or any of said mining claims, you will then inquire whether the vein or Iode in question which the defendant eut in the head of the winze at the end of its cross-cut, called by defendant Orient Lode No. 3, is one of the veins or Iodes discovered in any of the claims, the right, title, and possession to which you find to be in the plaintiff as against defendant ; and if you find that is one of such veins or Iodes, or if you find that it is not one of those Iodes, but that it has its apex or top within the side Unes of any such claim, the title and possession to which you so find to be in the plaintiff, drawn vertically downwards, then, in either case, it belongs to the plaintiff, and your verdict will be for the plaintiff. But if you find that said vein or iode so eut by defendant is not one of the veins or Iodes discovered within any claim, the title to which you find in the plaintiff, ��� �