Sampson

Plaintiffs and respondents C. E. Sampson and Frank W. Royer et al., brought this action in trespass and sought injunctive relief and damages against defendants and appellants R. W. Page, Joe Corio et al., on the theory that- they were rightfully in possession of certain placer mining claims under purchase lease from David D. Duncan and wife, owners, running from October 15, 1946, to October 15, 1966, and recorded October 14, 1946; and that the defendants wrongfully filed claims on said mining property and wrongfully hauled away valuable scheelite and gold-bearing ore from the ore dumps located thereon.

Page and Corio, hereinafter referred to as defendants, filed answers denying generally the allegations of the complaint. They admitted they removed approximately 140 tons of ore, but claim they did so under a lawful claim of right by virtue of the fact that the annual assessment work for the year 1950-1951 had not been done as required by law, and that the mining claims of plaintiffs had been abandoned and were open for filing, and that defendants filed lawful claims thereon on May 14th and June 2d, 1952. Defendants filed a cross-complaint seeking to have their title quieted…