The Victoria Copper Mining Company, a corporation created under the laws of the state of Illinois, brought its action to recover possession of two mining claims, known as the 'Antietam Lode' and the 'Copper the Ace Lode.' The mines thus designated were fully and specifically described in the complaint, which averred that the defendants had by force and violence ousted the complainant from the property. In addition to the averments essential to justify a judgment for possession, the complaint contained allegations deemed to be sufficient to authorize the granting of an injunction, which was prayed for, restraining the defendants from taking, or shipping, or selling ore extracted, or to be extracted, from the mines in controversy. The prayer of the complaint was for possession, and $25,000 damages, the value of ore averred to have been previously unlawfully taken by the defendants. The defendants jointly answered, specifically denying each allegation of the complaint, and by cross complaint Edward W. Keith, Samuel R. Whitall, William V. R. Whitall, and Michael Smith alleged that they were the owners in fee of the mines, subject to the paramount title of the United States, and they prayed that their title be quieted. The averments of the cross bill were traversed by specific denials. Upon these issues, a jury having first been waived, the case was tried by the court, which found the following facts, which findings were tantamount to concluding that the averments of the bill of complaint had been proven:
'Findings of fact:
'First. That Lewis R. Dyer, the locator of the two mining claims described in the complaint herein, called, respectively, 'Antietam Lode' and 'Copper the Ace Lode,' and situated in Uintah county, territory of Utah, at and prior to the time of locating the same, discovered and appropriated a mineral vein or lode of rock in place.
'Second. That at the time of the discovery of said vein or lode and the location of said mining claims the land included within the boundaries of said mining claims was public mineral land, wholly unoccupied and uncliamed.
'Third. That after the discovery of said vein or lode or mineral-bearing rock in place, to wit, on the 17th day of September, 1887, said Lewis R. Dyer, being a citizen of the United States, located the two mining claims described in the complaint herein by writing on a tree standing at, or in close proximity to, the place or places of discovery of said vein or lode the two notices of location, one for each of said claims.
'Fourth. That said notices each described the respective claims by reference to said tree; also, respectively described the boundaries of each claim by courses and distances from said tree; that each of said notices contained the name of the locator and date of location; that said tree was a sufficient natural object by which said claims, and each of them, could be identified.
'Fifth. That soon after the writing of said notices of location, and during the month of September, 1887, said Dyer marked sufficiently on the ground the boundaries of said mining claims, and each of them, by setting suitable stakes or posts at the corners of each of said claims; also, at the center of the respective side lines of each of said claims; also, by writing on the stakes, to identify them with reference to the respective claims, and securing said stakes by stones piled around them.
'Sixth. That thereafter, on the 13th day of February, 1888, said Dyer caused a copy of said location notices, and each of them, to be recorded in the office of the county recorder of said county of Uintah; that there was not at that time, or at the time of locating said claims, any mining district recorder; that said mining claims were situated in what had been known as the 'Carbonate Mining District'; that the rules and regulations of said mining district had, long prior to the said 17th day of September, 1887, fallen into disuse, and were not then, or for a long time prior thereto had not been, in force and effect.
'Seventh. That the plaintiff is a corporation, duly organized and existing under the laws of the state of Illinois, and was so organized on the 15th day of May, 1888.
'Eighth. That on the 4th day of May, 1888, said Lewis R. Dyer duly transferred an equal undivided one-half of said mining claims, and each of them, to Edward A. Ferguson and August Bohn, Jr., and that thereafter, to wit, on the 28th day of May, 1888, said Lewis R. Dyer, Edward A. Ferguson, and August Bohn, Jr., duly transferred and conveyed said mining claims, and each of them, to the plaintiff company.