stantial evidence complicated with the opinions of experts.
Although all my learned brothers agree on this view, we decide the appeal upon the first point. The judgment must be reversed and the action dismissed with costs.
Solicitors for the appellant: Hoskin, Ogden & Hoskin.
Solicitor for the respondent: E. Lancaster.
FRANK MADDEN
CHARLES CONNELL
APPEAL from a decision of the Supreme Court
British Columbia (1) affirming the judgment at the trial in favour of the plaintiff.
The parties are respectively locators of mineral claims in the West Kootenay District, B.C. which overlap, and the action was brought to determine the title to the ground covered by each claim.
The defendant was the first locator, but it was proved and conceded that the initial post of his claim was south of the boundary between British Columbia and United States and so within the territory of the latter. The courts below held that this made the location invalid.
:-Sir