Joseph McKenna

“ They would certainly lose it if they did not make such payment. The case, therefore, is very simple. It is a case of mine property bought upon speculation, and title to which came through a sheriff's sale, the validity of which sale was either assumed or risked; the development of the mine undertaken in like speculation, but continued in certainty of reward within three days by the discovery of what Heiniman calls in his testimony 'the large ore-the pay ore chute.' Whether this was the real discovery or that of August following which finally revealed the richness of the mine, matters not. ”

“ One of the persons to whom he made the declarations communicated them to Crary and Heiniman. And on the 25th of October, Mr. Heiniman testified that Dye visited the mine, 'and while there, in the presence of Mr. Alexander and Mr. Crary, I told him that I was about to make the payment for the property in full, and I asked him if he knew of any conflicting claim or any other claims on the Compromise. He immediately answered there was. The Scranton claim on the west took off about 100 feet, and he said as to other claims there would be nobody but myself. ”

“ Such declarations were natural enough before the discovery of gold; they were not natural after the discovery of gold,-a discovery which apparently proclaimed the mine to be one of great richness. Let it be conceded, therefore, that his inattention to his rights was grossly negligent ”

“ Plaintiff in error claimed title by virtue of a sheriff sale in proceedings against Dye, one of the defendants in error, reinforced by certain declarations of the latter, which, it is contended, constitute an estoppel against him to assert the invalidity of the sale or claim of title thereunto. ”