Stephen Johnson Field

“ The only position on which the defendant can resist the pretensions of the plaintiff is that the placer ground, for a patent of which he applied, does not embrace the lode claim. The effect to be given to that position depends upon the answer to the question whether, at the time of his application, any vein or lode was known to exist within the boundaries of the placer claim, which was not included in his application. ”

“ The jury, having found a general verdict for the plaintiff, must be deemed to have found that no such lode as claimed by the defendant existed when the application of the plaintiff for a patent was filed. ”