Durango semi-weekly herald. (Durango, Colo.) 1899-1907, 1903-09-17
NEITHER
ENTITLED TO
POSSESSION

the part OF ATTORNEYS. Messrs l. n
Spfckard and c. II Pierce for plaint
iffs and Reese McCloslev and ". A.
Reese for defendants and the ma.
tlent attention of court and iurprs
The iury. after considering the eyi.
dence. returned verdict TO The effect
that neither plaintiffs or defendants
were entitled 10 the ground in coutro-
versy. much TO the SUNRISE of both
sides. and resulted in the opposinr
attorneys asking for a new trial. the
court granting fifteen DAYS for filing
said motions. AS the case like all
mining contentious. is OF interest To
mining men The Herald gives ex.
tracts of Judge RusselI's Instructions
having greatest bearing ON the aues.
lions al issue:
Instructions.
State of Colorado. Comfy of La Plata
SIS.
In the District Court
The MARY Helen Mining Cumpnny.
Plaintiff. VS.. James i German. ct nj
| Defendants.
| Gentlemen OF the Jury:
The plainiff by its complaint nj.
| eyes and claims that on the 27th
| day of September. 1902. and ever
since the plaintin has been and Is
the owner and in the actua! possess.
| ion OF the Free Chap lode mining
| claim. 1900 feet in length and 500 feet
| in width along the vein thereof situ.
ated in California Mining District. La
| Platn county. Colorado.
| And alleges that il located the same
upon the unappropriated public do
main of the United States: that IT 10.
| Gated the same on the 10Th day OF
| October, 1902. and sunk a discovery
| shaft in a lode to a depth of ten feet
from the lowest part of the rim rock
of such shaft at the surface; and al
| leges that II posted discovery not
ice at the point OF discovery. contain
ing the name of the lode. and the
| name of the locator. and the date of
discovery. and that 1t marked the sur
face boundaries of said claim; and al
leges that thereafter the defendants
| herein wrongfully entered upon a por-
ton OF the said Free Chap lode min
ing claim, and located the Monument
| Lode mining claim, and that the
ground in dispute by reason of such
location contains 3.O15 acres. =
Plaintiff alleges that defendants
wrongfully withhold the possession OF
said parcel of land from the Free
Chap lode; alleges that adverse was
filed in the land Office within the per.
iod of sixty days of the publication
Of the notice of application for patent
in the said Monument lode. and that
this suit was commenced before the
expiration of thirty days after the
filing of the adverse: and alleges thai
this suit was brought in support OF
the adverse, and that plaintiff has
disbursed and expended and paid out
the sum of $50 for plats, abstracts and
copies of papers filed in the land OF
fee. and also a reasonable fee of s5t
for the expense OF preparing its ad
verse claim to be filed; and asks
Judgment for the possession of tn,
said parcel of land, and for its dam
ages and costs.
The defendants answer the plant
IFS complaint. and deny all the ale
] cations therein contained.
And that ever since the eth dag o
= December, 1901, they have been an,
2 now are the owners of and in actua
? possession OF the Monument lode min
2 ing claim 500 feet in length by 30l
, feet in width. situated in Califurni,
Mining District in the county Of III
Plata and state of Colorado: tina
they claim the legal right to occup,
. said premises, and are entitled to tn
possession thereof. by virtue of CON
I pliance with the miners rules in sal
b mining district. and with the laws o
+ the United States and the state :,
} Colorado, and by preemption and pnl
b chase. and by actual possession as
/ lode mining claim located upon tn
= public domain OF the United State
: on the It'll day of December, 1901
and allege that on the 9Th day of d,
cember, 1901. they did discover an