Green

The appeal is from the judgment and the

order denying the motion of plaintiffs for a new trial. The judgment was entered April 30, 1907, and the notice of appeal was served and filed December 10, 1907.- The appeal from the judgment, therefore, cannot be considered, as it was taken more than six months after said judgment was rendered. (Code Civ. Proc., sec. 939, subd. 1; County of Contra Costa v. Soto, 138 Cal. 57 , [ 70 Pac. 1019 ].)

The action was brought to quiet title, and the determination of the controversy depends upon the validity of the location by defendants of a certain placer mining claim designated as lot No. 5 and situated in section 23 of township 14 north, range 10 east, M. D. M., in the county of Placer.

The principal reviewable contention of appellants is that the notice of the prior location by defendants was so uncertain and obscure as to amount to no notice at all. The said notice was partly printed and partly written and was in the following form:

In reference to this notice the defendants allege in their answer that the words “Commencing at” were in the printed form used by them and through the inadvertence and mistake of the one preparing said notice…