Larkin v. Upton

Citations

• 144 U.S. 19
• 12 S. Ct. 614
• 36 L. Ed. 330
• 1892 U.S. LEXIS 2049

Syllabus

<p>Where special findings are irreconcilable with a general verdict, the former control the latter.</p> <p>If the findings are fairly susceptible of two constructions, the one upholding and the Other overthrowing the general verdict, the former will be accepted as the true construction.</p> <p>The top or apex of a vein must be within the boundaries of the claim, in order to enable the locator to perfect his location and obtain title; but-this apex is not necessarily a point, but often a line of great length, and if a portion of it is found within the limits of a claim, that is sufficient discovery to entitle the locator to obtain title.</p>