Turner

The plaintiff herein appeals from an order granting defendants’ motion for nonsuit, and from a decree quieting defendants’ title to the property in controversy.

Plaintiff by his action entitled “Complaint in Claim and Delivery” alleged the conversion by defendants of approximately 200 tons of chrome ore of the value of $4,000, and prayed for judgment against defendants for the possession of the ore or the value thereof. The action was originally filed in the county of Siskiyou but was subsequently transferred to the county of Shasta for trial. Defendant Turner filed his answer denying the ownership and right of possession by plaintiff to the ore, alleged title and possession in himself, and filed a cross-complaint to quiet his title to the ore. The answer of the defendant Brown likewise denied ownership .in the plaintiff. At the conclusion of the trial the court gave judgment as previously mentioned.

From the facts as disclosed by the record it appears that F. Brown and Dee Thomas were the owners of the Elk Chrome Mine situated in Siskiyou County. On May 1, 1941, they entered into an agreement with one L. J. Campbell, which agreement is as follows:'

It is admitted that nothing…