BREWER, J.
Case No. 3, between the same parties, presents the same questions, and the same judgment of affirmance will be entered therein.
FIELD, J., dissenting.
This case presents the same questions which are considered in the case of a similar title, No. 2, just decided, only that the former relates to the Goodell lode claim and the latter to the Gardener lode claim.
The two cases were tried together upon the same testimony, subject to the same objections and exceptions, and the instructions given by the court were so worded as to apply to both. I dissent from the judgment in this case for the reasons expressed in my dissent from the judgment in the former case.
MR. JUSTICE HARLAN and MR. JUSTICE BROWN concur in this dissent.