MR. JUSTICE FIELD delivered the opinion of the court.
This action was commenced in one of the District Courts of Utah, and arose as follows:
The defendants, the owners of mining land in that Territory known as the Omaha Lode, filed in 1877 a survey and plat of it in the land office at Salt Lake City, and applied for a patent thereof under section 2325 of the Revised Statutes. The plaintiffs are the owners of adjacent mining ground known as the Highland Boy...
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