Roberts

This is an action to quiet title (1) to a three-fourths interest in a certain mining claim -alleged to he owned by the plaintiff E. S. Roberts, and (2) to all the “surface rights” of such mining claim, alleged to be owned by the plaintiff Jeal. The lower court found for the plaintiffs, and judgment was accordingly entered against all the defendants. From the judgment defendant F. J. Abbott alone appeals.

It is conceded at the outset, by all parties to this suit, that the title is derived either directly or through mesne conveyances from the plaintiff E. S. Roberts.

We think all the points raised by appellant may properly be considered under one assignment, i. e., that the evidence-does not support the findings.

The court found, among other things, as follows: “That on or about the twenty-ninth day of April, 1916, the defendant J. M. Rice and the plaintiff E. S. Roberts and John L. Roberts bargained and sold and delivered to H. B. Watson all of the surface rights of the Greenhorn Mining Claim, for the consideration therein named, and the said H. B. Watson thereby became the owner of said surface rights ; that subsequently the said H. B. Watson transferred and conveyed to…