Dalton

This is an action for the posses sion of a certain tract of land consisting of five acres to which plaintiffs claim to be entitled for a mill site for the reduction of quicksilver ore from a near-by cinnabar mine owned by them.

The amended complaint contains two counts, in the first of which it is alleged that plaintiffs are the owners of said five-acre tract and entitled to the possession thereof, and that defendants claim and assert some interest therein but that said claim is without right. They allege in the second count that they are the owners in fee of said five acres by virtue of a location notice filed in accordance with the laws of the United States on January 16, 1915, by respondents’ predecessors in interest, and relocated as a mill site on October 27, 1924, by respondent Edward Dalton and his grantors; that ever since January 16, 1915, plaintiffs and their predecessors in interest have in good faith used and occupied the said tract as a mill site, until November, 1929, when the defendants wrongfully entered upon said mill site and took possession of same, and ever since said last-named date have continued in possession of same against the will, without the consent of…