Gwillim v. Donnellan - 115 U.S. 45 (1885)
U.S. Supreme Court
Gwillim v. Donnellan, 115 U.S. 45 (1885)
Gwillim v. Donnellan
Argued April 1, 1885
Decided May 4, 1885
115 U.S. 45
In proceedings under Rev.Stat. §§ 2325, 2326 to determine adverse claims to locations of mineral lands, it is incumbent upon the plaintiff to show a location which entitles him to possession against the United States as well as against the other claimant, and therefore when plaintiff at the trial admitted that that part of his claim wherein his discovery shaft was situated had been patented to a third person, the court rightly instructed the jury that he was not entitled to recover any part of the premises, and to find for defendant.
These were proceedings under Rev.Stat. §§ 2325-2326 to determine adverse claims to a mineral location. The facts are stated in the opinion of the Court.