Ring

This is an action under section 738 of the Code of Civil Procedure to determine conflicting claims to ten placer mining locations near Amboy, San Bernardino County. The claims to which plaintiffs assert title are described as Crater Nos. 1 to 10, inclusive, and the claims to which the defendant asserts title, and which covered substantially the same ground, were also ten in number and separately named. It was agreed that all locations were in proper form and that in each case discovery of gypsum was made. The complaint and answer are in the usual form for actions of this nature and no question arises upon the pleadings. Judgment was rendered in favor of the defendant, from which plaintiffs appeal upon a bill of exceptions. The only attack upon the judgment is that the findings of fact of the trial court were not supported by the evidence.

Briefly, the facts are that a portion of the ground covered by the land in dispute was originally located by Marcus Pluth and others and that in 1905 he sold his interest therein to defendant’s predecessor; that the defendant and his predecessors in interest have occupied the land continuously since 1905, together with some ten or twelve other…