Stephen Johnson Field

“ Where the existence of a vein or lode in a placer claim is not known at the time of the application for a patent, that instrument will convey all valuable mineral and other deposits within its boundaries. ”

“ The action is for the possession of certain mining ground known as the 'Kit Carson Lode,' situated in Colorado, and within the boundaries drawn down vertically from the surface of what is known there as the 'Wells and Moyer Placer Claim.' This placer claim was patented to Wells and Moyer March 11, 1879, upon an application made May 16, 1878, and an entry made July 22d, following. It is designated in the public surveys as 'Mineral Lot No. 281.' It embraces 193 acres and a fraction of an acre, which are fully described by metes and bounds both in the patent and the complaint in the action. ”

“ Before a vein or lode can be deemed to fall within those excepted from the placer patent, as a known lode existing at the time of the application of the patentee, the lode must be discovered and located, so far as to be capable of measurement. ”