The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1920-12-16

discovery as between the Evening
star claim of the appellant and tn
Grouse claim of the appellee was no
determined by the issuance to the lat
ter of the patent for the Grouse claim,
and the question of priority of dis
covey not being thus determined. W,
are unable 90 see how the Grouse pat
ent can be held to carry any pre-
sumption or inference respecting the
question of priority of discovery as
/ between the Evening Star and the
/ Grouse claims, for in the Lawson case
as has been seen, the supreme court
distinctly adjudged that the govern
ment patent to such claims carries no
presumption that anything was con-
sidered or determined except the
question of the right to the surface
Yet for a presumption or inference
in favor Of the Grouse claim in that
regard INDUCED by the court below.
the latter expressly declared it would
find from the evidence (and we think
rghuy) that the statutory discovery
was first made upon the Evening star
claim. The court below in its holding
i'm that respect relied upon the de-
cision of the court in the case of Vo-
gel v. Warsing, LAG Fed 949. 951.
where one of the points relied upon
by the appellant being that the record
contained no proof of the discovery
O fgold in the ground in dispute. this
court said, in answering the point:
ut has been held that under such
circumstances the certificate of loca-
ton creates a presumption of discov
cry of mineral and of valid location.
Especially should such a presumption
be INDUCED i'm a summary proceeding
instituted at the beginning of a suit
where the granting or Withholding of
an injunction depends upon the facts
presented by ahidavits and rests
largely i'm the discretion of the trial
court and where subsequent locator
attacks the title of the prior locator
or that of his successor in interest
Not only did the supreme court /
lold in the Lawson case that no such /
presumption arises even by virtue of .
> patent but at its present term (ad- .
.ance sheets March 10, 1920 in the .
,ase Of Cole ct al. " Ralph. it was
leld that where there is much evil
ience tending TO sho wa discovery
within the boundaries of lode claim
S we'll as possession working of and
lain to the ground as such lode
lain prior to entry thereon by pla- i
err claimant no presumption of evil
entiary character in favor of valid
iscovery can come to the aid of the
assessor and asserted owner of such
lode claim by virtue of section 1882
f the revised statutes or otherwise.
eft results from what has been said
hat the judgment of the court below
lust and hereby is reversed, with di-
actions to enter Judgment for the
omplainant as respects all ore be-
cath the surface of its Evening Star
nd Mary r. Fraction claims, with
ts--the ore beneath the sur
ace of the Evening Star Fraction
aim as to which the court below al
. gave the appellee judgment not be
lg involved in this suit since the .
eadings in the case do not embrace
lat claim"
This decision is now affirmed by the
lpreme court through its refusal to !
view the case
Star Owners. {
Most of the large owners of the Star =
-e dead. Following is the ownership @
most of the stock: Estate of +. H. Il
ofitt of Wallace; estate Of John A. y,