Garibaldi

Action to quiet title to a placer mining claim.

The court made findings that neither plaintiffs nor defendants were “at the commencement of -the action or at any other time the owners of” the land severally claimed by them or any part thereof. Plaintiffs appeal from the judgment and from the order denying their motion for a new trial. Defendants do not appeal, and are in no position to attack the findings and conclusions of law respecting the land claimed by them. (Trevaskis v. Peard, 111 Cal. 599 , [ 44 Pac. 246 ].)

Appellants contend that they made sufficient proof of location and of discovery of gold. There was evidence that they made a location of the ground about August 22, 1908, by staking the corners, posting notice and having the land surveyed. There was no evidence that they marked the boundaries of the claim so as to be readily traced. The notice of location was duly recorded August 24, 1908. The action was commenced February 6, 1909.

The proof of work done or discovery of gold on the claim by plaintiffs is slight and is as follows: Plaintiff Garibaldi testified: “Q. You were present in assisting and prospecting the claim and taking samples out? A. Yes, sir. Q. Just…