Lucius Quintus Cincinnatus Lamar

“ As to the second cause of demurrer, we think that, though the lodes alleged to be embraced within the said tunnel-site location are not each separately described, the statement in the complaint, that all the lodes in the tunnel claim have been worked and mined by the plaintiff and its grantors, comprehends every part of the property for the recovery of which the action is brought. ”

“ The strict rule of pleading which formerly required exact accuracy in the description of premises sought to be recovered, has, in modern practice, been relaxed, and a general description of the property held to be good. ”

“ It is alleged by the plaintiff in error that this location was made in accordance with the local rules and customs of miners in force at the time of the location, and that, therefore, such location was recognized and protected by the general mineral laws of July 26, 1866, (14 St. 251,) and that of May 10, 1872, (17 St. 91.) This allegation, however, is denied by the defendants; but, as these local rules and customs differ in the several mining districts as to the extent and character of the mine, the question cannot properly be determined on demurrer. ”