Gelcich v. Moriarty

         OPINION          By the Court:

         The findings do not show that plaintiff has had the possession of any definite part of the mining ground in controversy, and plaintiff is therefore not entitled to a decree based on his actual possession of any specific portion.

         Nor do the findings show that either party has acquired title under the Act of Congress of May 10th, 1872; both parties having attempted to make location after the passage of that act, and both having failed to distinctly mark their locations on the ground so that the boundaries can be readily traced.

         Judgment and order reversed, and cause remanded for a new trial.