Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-10-15
MINING GROUND CONTEST.
A Nevada County Case Settled by IL
Supreme Court.

a Nevada County Case Settled by the
Supreme Court.
A decision was rendered yesterday by
the Supreme Court in the case of Richard:
and others, respondents, VS.. Dover anG
others, appellants. The Court says:
This is an action to recover two lots in
the city of Nevada. Plaintiffs had iudg.
ment from which and an order denying 8
new trial defendants appeal.
The facts out of which the case arises
are as follows, A patent for the town site
of Nevada was issued by the United States
July l, 1869, and whatever title to these lots
passed by the patent was vested in the plain.
tiffs at the commencement of the action.
But the defendants claim that the por.
ton of the lots which is in their possession
was not granted by the patent, being re.
served or excepted out of its operation by
reason of the fact-by them alleged-that
it contained gold-bearing quartz vein,
the existence of which was known at and
before the date of the patent, and which
has since that date been located by them
in pursuance of the mining laws of the
United States
From this general statement it will be
seen that the question to be decided is
whether or not the premises in controversy
ere reserved out of the land patented for
town site. The determination of this
question involves a construction of the
laws of the United States relating to town
sites and mineral lands and consideration
of the state of facts existing and known at
the date of the patent"
In concluding its decision, the Court
says: The Court did not err in excluding
evidence to show that in 1871, after the
death of Hughes, his interest in the Wag-
ner ledge was sold under proceedings in
in probate for $500. The most that such
evidence could possibly have proved
was that the purchaser two years after the
patent thought that Hughes had an interest
in the vein which was worth $500. As we
have seen, the vein extended far beyond
these lots and, according to one witness,
was worked at point 400 yards distant
from them in 1876 or thereabouts Hughes
claim may have included this portion of
the vein, but whatever it included, the
opinion of the purchaser two years after
the patent is not competent evidence of
the known or estimated value of the vein
at the date of the patent. We find no error
in the record. Judgment and order af
firmed.n
The syllabus of the decision shows the
following conclusions
That an essential element of gold mine
is that there should be natural deposit OF
rock or earth containing sufficient quantity
OF gold to admit of profitable working.
That even though lands are known to
contain precious metals if they are in
quantities too small to justify an attempt
10 extract them, they are not properly
called mineral lands.
That mine is not reserved in grants
made under United States patent laws, I'M
less it is not only known, but known to be
valuable at the date of the patent, or dis
covered to be so before the occupation or
Improvement of the lots containing them
for residence or business under the town
site law.
That it does not follow from the fact that
a ledge was once probably worked, that it
must be deemed to have continued valu-
able.
That the Court did not err in excluding
evidence offered to show that in 1871, after
the death of Hughes, his interest in the
Wagner ledge was sold under proceedings
in probate for $500, as that could only es-
tablish the purchasers opinion of Hughes
interest and the ledge, which extended be-
yond the lots in question.