Sledge

This is an action tried hy the court without a jury to have a decree declaring that plaintiffs are the owners of certain mining claims free and clear from any rights acquired by defendants or any of them thereto, under the certain agreement and deed mentioned in the complaint.

A general demurrer to the complaint was overruled and defendants answered and went to trial on the merits. Findings of fact were in favor of plaintiffs and judgment was entered in accordance therewith. Defendant, Tuolumne Deep Channel Mining Company (hereinafter referred to as the Mining Company), appealed from the judgment on the judgment-roll alone.

It is alleged in the complaint that, on August 30, 1912, plaintiffs were the owners of certain described mining property situated in Tuolumne County and, on that day, entered into a written agreement with defendants, H. F. Stolz and J. Cabell Brown, relative to said mining claims, which is attached to the complaint as exhibit “A” and made part thereof; that, agreeably to paragraph VI of said exhibit “A,” plaintiffs executed a deed of grant of said property and placed the same in escrow with the First National Bank of Sonora with, instructions as provided in…