Schwartz

The appeal is by the plaintiff from an order dissolving a restraining order and denying a motion for an injunction pendente lite.

This complaint is verified and is in two counts. In the first thereof it is stated that one Charles Margaroli is the owner of certain land in the county of San Luis Obispo; that, on August 14, 1917, said Margaroli “let the said premises to plaintiff for ten years from said day; that the defendants withhold possession thereof from the plaintiff, to the great, damage of the plaintiff in the sum of five thousand dollars. ’ ’

In the second count, the allegations of the ownership and letting of said premises are repeated, and it is then alleged that the sole value of the land is for the mineral deposits therein contained; that the defendants withhold the possession thereof from plaintiff; that they had invaded and were invading the mining excavations made therein by the plaintiff’s predecessors in interest; that they threatened to continue to invade said excavations, to extend the same and make other excavations in said land for the purpose of mining the said premises; and that they had converted and were converting and threatening to continue to convert…