Russell

Appellants brought this action in the court below for declaratory relief and to quiet title to numerous unpatented mining claims located in the New Idria Mining District west of Coalinga. However, the controversy presently centers on the enforceability of an alleged mining lease to five unpatented mining claims known as Joaquin, Black Ridge, Hidden Spring, Sugar Loaf, Pine Flat and Dick Spring; the Pine Flat and Dick Spring claims were located by J. M. Koski, the Joaquin and Black Ridge claims were located by Mrs. Koski, and the Hidden Spring and Sugar Loaf claims were located in the names of the Koskis’ minor daughters, Karolyn May Koski and Lois Koski. We shall recite only those facts that are pertinent to resolve this controversy.

In the year 1954 appellants, three partners operating through a corporation named the Southwest Oil Company, were engaged in mining chromite ore under a mining lease on a group of mining claims known as the JamesCorbett claims and were selling the ore to the United States government under a stockpiling program. In the summer of that year appellant E. F. Chambers concluded that there was a large chromite deposit on the Koski claims, and as…