Sarnow

This case involves conflicting mining claims growing out of mining locations of the respective parties upon the same ground.

The complaint is in the usual form of complaint in an action to quiet title. The answer traverses the allegations of the complaint and pleads the acquisition of the property described in the complaint by the respondents under the mining location as a separate defense. The separate defense is pleaded specifically and sets forth all the necessary requirements to make a valid mining location upon the public domain. The court found in favor of the respondents and their special defense and gave judgment accordingly. Appellants contend that the judgment of the trial court was erroneous and should be reversed. The questions presented are: (1) Were the boundaries of the mining claim sufficiently marked; (2) did the appellants do the annual assessment work; (3) does the evidence offered at the trial support the findings of fact; (4) do the findings of fact support the conclusions of law and judgment. The issues raised by the pleadings are broad enough to include all questions going to the legality or sufficiency of the mining locations of the respective parties. The…