Madeira

This is an action to determine the conflicting claims to certain mineral land situated in Sonoma County. Plaintiffs claim by virtue of an alleged location made by plaintiff Madeira on April 12, 1905, called the Madeira Magnesite Mine. Defendant claims as grantee of certain alleged several locations, made by Arnold, Davis, and Woods, on September 14, 1905, embracing the land claimed by plaintiffs. The cause was tried by the court without a jury and defendant had findings and judgment in its favor.

Plaintiffs claim that the following findings are not supported by the evidence: ‘ ‘ II. That said attempted location of said Madeira covered the ground described in paragraph 3 of the complaint herein and other ground. III. That the attempted location, viz., the Madeira Magnesite Mine, was not at the time of the attempted location thereof on or about April 32, 1905, or for more than a year thereafter, and long after the location on the same ground of the Cecilia, Flora, Marie, Seymour, and Cyril claims of defendant, distinctly marked on the ground, or marked at all, so that its boundaries could be readily traced.”

Plaintiffs appeal from the judgment on transcript of all the proceedings…