Show i MINING LAW f I b A recent decision by a jury in the 1T United States Circuit Court in Colorado l presided over by Judge Ilallett in of interest q in-terest to miners Tho case involved the t right to a vein of silver ore situate within the limits of a patented placer claim I 14 Judge littlish in his charge to the jury a explained the law applying to placer 5 claims to tlio effect that if it was ascertained U 11 ascer-tained after a patent for a placer claim 5 had issued that a lode or vein uf tXi ft Hold or silver existed within tho patentee t urea the title to it would be good to tho Qsl person or persons to whom the patent 1 fit issued and to his or their grantees rx But if it was known by the parties I claiming title and to whom the patent issued that a vein existed in the 1 + placer ground the parties < have no s legal right to the vein under the placer patent In the caso before the court it i a appears that two placer miners who had i4 a worked a portion of the placer gioint tai and who applied for the patent agreed < d with other parties the plaintiffs in tho S suit whom it appealed knew of the ex pv istcnce of the vein to extendUho bound 4t tI ries of their placer claim in tho direction e l of and so as to include the ledge Tho judge instructed tlio jury that if fion the evidence they believed that th t placer miners who applied for and obtained I ob-tained the patent did HO at tho request i of the plaintiffe who furnished tho money I for obtaining tho patent and afterwards 5I t v Pk after-wards received a deed of the prop 4i + K eity then tho act of tie patentees paten-tees was the act of the purchaser l of the property tho plaintiffs the case h ° That tho purchasers knowledge of kite aSs vein was presumed knowledge of their 2 q ii + agents the patentees and tho vein conic i j not be held under the placer patent which covered it Tho jury received M further instructions Ihat the plaintiff d l must recover upon the strength of their wl r i own title and not upon tho weakness oft of-t that of their adversaries The defendants qr t t only title arises from possession and if Pl tho plaintiffs received no title for that 9 portion of the placer claim occupied by the vein they cannot complain of tho t I E defendants as trespassers bocau they 4 7 tho plaintiffs have no standing upon n ground to which they have no title r Whether tho defendants therefore have any titlo or are trespassers is immaterial 1 Tho jury returned a verdict for tho do I tl fondants |