dissenting. This case presents the same- questions which are considered in the case of a similar title, Ho. 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 wera 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.
*431Me. Justice Harlan and-Me. Justice Brown concur in this dissent.
Mr. L. S. Dixon and Mr. Ashley Pond for plaintiff in error. Mr. James McKeen and Mr. Frank W. Oivers were on their brief.
Mr. T. M. Patterson for defendant in error.