Schwartz

Appellant brought this action to recover possession and the issues and profits of lot 14, in section 33, township 29 south, range 12 east, M. D. M., in San Luis Obispo County, alleged to have been unlawfully withheld by .the defendants. Judgment was entered in favor of the defendants, and plaintiff appeals therefrom.

Appellant is the owner of an undivided three-quarters and defendant Arata is the owner of an undivided one-quarter of the land described in the complaint. They became such owners through mesne conveyances from an owner to whom the land was patented by the United States government by patent of date September 28, 1904. The patent conveyed the land “according to the final plat of the survey of the said land returned to the general land office by the surveyor-general.” Respondents are in possession of a chrome mining property called “The London Mine,” from which they are alleged to have taken a large amount of valuable ore. If that mine is located on said lot 14, plaintiff has established a cause of action. If, as claimed by respondents, the mine is located south of lot 14, the judgment should be affirmed. While township 29 was government land, several surveys of the…