Sides

This is an action in ejectment, wherein plaintiff obtained judgment for the recovery of the possession of a mining claim. Defendants have appealed on the judgment-roll alone, contending that the findings are insufficient, to support the judgment.

The facts found were as follows: On March 31, 1924, Oscar de Witt, plaintiff’s grantor, posted a notice of location on the mining claim in question, situate on government land in Fresno County, but did not distinctly mark the location on the ground so that its boundaries could be readily traced. On April 2, 1924, he caused said notice of location to be recorded in the county recorder’s office in said county, and on April 26, 1924, which was within thirty days after posting the notice of location, accompanied by a man named King, undertook to again go upon said claim for the purpose of staking and monumenting the same, but upon reaching a point about one-half mile therefrom “they came to and saw a sign on a closed gate opening into the field embracing said mining claim, giving notice to all people not to enter into or on the territory within the gate” while a provisional quarantine was in effect, which the court found had been proclaimed…