Cole

The defendant prosecutes this appeal from the judgment and an order denying his motion to vacate and set aside the default upon which said judgment was entered.

The action is in ejectment, the complaint averring, among other facts, that “on or about the fifth day of October, 1907, the said defendants, without title, without right, and without the consent of the plaintiff and its grantors, wrongfully and unlawfully entered upon and into possession of, and ousted the plaintiff and its grantors of the possession of a part of the said Bonanza Mining Claim, lands and premises (all of which are, in a preceding paragraph of the complaint specifically described), and ever since on or about the said fifth day of October, 1907, they have withheld, and are now wrongfully and unlawfully withholding, from the plaintiff the possession of the same, to wit, that lot and part of the said Bonanza Mining Claim, lands and premises known as the Cole House, barn and buildings, on the east side of the wagon road and creek running through the said Bonanza Mining Claim and premises, being the most southerly building on said Bonanza Mining Claim, to the damage of plaintiff in the sum of $60.”

The prayer…