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Show PECULIAR POINT OF LAW IS INVOLVED. Some time ago Murphy, Byers and others located some mining ground In Silver City known as the Buckeye. The property was claimed by the Comstock Mine and Milling company, which is mainly owned by Jim Woodbury Wood-bury of this city, says the Caron City Appeal. In carrying on development develop-ment the new men ran into works of the old Buckeye and started taking out good oro. Woodbury and associates immediately immedi-ately asked for an Injunction and this was granted. A few days ago Murphy, Byers , et al won their suit against the Woodbury pooplo, but this came from a peculiar circumstance. The Buckeye was originally patented. pat-ented. This would prevent the new people from holding the ground, and when the case came up it was impossible im-possible to find the patent records in Dayton, whero the trial took place. After the hearing of tho case the Woodbury people sent to Washington Washing-ton and received a record of the patent, pat-ent, it having been issued at the time thia was all Carson county, stato of Utah. As this record came after taking tak-ing of tho testimony and could not be a matter of record, Judge French, who sat for Judge Langan in the case, declared de-clared that it must bo excluded. He thorefore gavo a decision In favor of J the claim jumpers. He alo recom- ! " iSvjflHE. mends a new trial that tho main evidence, evi-dence, the patent from the government, govern-ment, may be introduced. A now trial will take place, when this old document will be brought Into the case and establish the boundB, which are, under the old ruling, 200 by 3,000 feet long. It is a new proposition prop-osition in the many mining suits that have takon place in Nevada. Ely Expositor. |