Holdt

This is an action- to recover possession of three certain mining claims from which it is alleged plaintiffs were ousted by defendants. Judgment went for plaintiffs, from which, and an order denying their motion for a new trial, defendants prosecute this appeal.

The complaint alleges that on November 16, 1906, and at the time of instituting the suit, plaintiffs, who were partners for the purpose of working the same, were the owners, in possession of, and entitled to the possession of, three certain mining claims situated in section 33, township 28 south, range 11 east, Mount Diablo meridian, San Luis Obispo county, each of which claims was six hundred feet in width by fifteen hundred feet in length, bounded and marked by certain stakes and monuments thereon, which said claims were known as “Crown Copper and Silver Claim,” “Black Horse Copper and Silver Claim” and “Saddlerock Silver and Copper Claim”; that, while plaintiffs were such owners, so possessed, and entitled to the possession thereof, defendants did, on November 16, 1906, wrongfully and unlawfully enter thereupon and did oust and eject plaintiffs, and since said date have unlawfully withheld possession thereof. The answer…