Purcell

The action involves the title and right of possession to certain real estate described as lots 1 and 2 of the town of Harrison Gulch, in Shasta County, said lots being a part or portion of the Bonanza lode mining claim, of which the defendant is the owner.

The amended complaint is in two counts, the first of which, after alleging that “for more than five years last past the plaintiff, by and through his grantors and predecessors in interest, has been the owner of and entitled to the possession of the real property” above referred to, charges that the “defendant, wrongfully and without right, claims to be the owner of the said premises above described adversely to the plaintiff, but that defendant’s claim is without right, and that it has no right, title, or interest in or to said premises or any part or portion thereof.”

By the second count-it is charged that “on or about the 15th day of December, 1909, while plaintiff was the owner of and entitled to the possession of the said premises, the defendant without any right and without the consent of plaintiff and against his will, entered into the possession of the said premises and ousted the plaintiff therefrom, and, ever since…