Iditarod pioneer., 1914-10-10

The decision of Judge Fuller in the case of S. C. Adams, plaintiff, vs. the Yukon | Gold Company ct al defendants, was re- ceived in the last mail by Attorney E. M. Stanton, one of the counsel for defendants. It is as follows;
 "This action was tried before the court, without jury, at the special July, 1914, term at Iditarod, and decision reserved
 "The plaintiff in his complaint alleges that he is the owner of the Anaconda Frac- ton placer mining claim, l2O feet Tn width | by 2,64O feet in length; and of the Ana conda Fraction No. ? placer mining claim, 125 feet in width and 5,2S0 feet in length, l the latter claim including within it's boun- 1 diaries the former.
 l ''The answering defendants set up that the defendant Yukon Gold Company IS the lessee in possession, and owner of an un- divided part of the Prospector Association placer mining claim, and the other defend ants allege that they are the owners of un- divided parts of this claim, and the lessors of the Yukon Gold Company and that the ground claimed by the plaintiff is within the boundaries of the Prospector claim, "The plaintiffs evidence tended to show that on May 23, 1911, he placed stakes at the corners of the Anaconda Fraction claim, and blazed trees along the boundaries thereof, and that prior thereto he had dis covered goldbearing gravel along Flat creek, which runs through this location, and within the boundaries of this location; that sub sequentIy he placed stakes at the corners, and blazed trees along the boundaries, of the Anaconda Fraction No. 2 which in cluded the claim heretofore located as the Anaconda but was five feet wider and 2,640 feet longer Plaintiff also testified that he did more than $100 worth of work on the ground during 1912 and also did some work in 1913
 The Prospector Association claim, to which the defendants assert title, was To- cated in April, 1909, by eight persons, and, as described in the location notice, was 1920 feet in width by 52SO feet in length, and cont tained 160 acres but 1t was conceded that as marked upon the ground the claim cont aimed about IF acres, or more than seventeen acres in excess of the amount allowed by law to be located.
 "The plaintiff became aware of this ex- cess and notified some of the locators of the Prospector thereof, and it seems that ne WAS llIUIlllt bS tIlSllI liSt III Sh9S 'i'N' was any excess they were willing that he should locate the same wherever he de sired leaving them a claim 1920 feet by 5,2SO feet. Some of the owners of the Prospector were not within the vicinity, nor known to the plaintiff, and their per nilsson to locate any excess was never ob- tained nor does it appear that they had knowledge thereof prior to the commence ment of this action The defendants con- tended that as against the owners of the Prospector having no knowledge of any excessive location the plaintiff could ac- quire no rights by his attempted location, inasmuch as they were simply tenants ln common of the land, and that one cotenant could not release any rights of his co-tenant, or convey any of his interests, without the authority so to do In the winter of 1914, some months after the institution of this action, the defendant, Yukon Gold Com panv caused a survey to be made of the Prospector claim, and then established a new boundary at the lower end thereof, | throwing off the excess of over seventeen acres, but leaving the other boundaries un- disturbed, and including within such boun- dorieS all of the prnund located hV the