McInerny

This action was brought for the purpose of obtaining possession of a certain mining claim in Imperial County. The plaintiff, in his complaint, alleges that he is the owner and entitled to the possession, under- and by virtue of the mining laws of the United States, of a certain quartz or lode mining claim known and designated as the Jabón Lode Mining Claim, according to a loca tion notice thereof, dated and posted on the twentieth day of January, 1923, and recorded in the office of the county recorder of Imperial County, which was relocated by plaintiff by virtue of an amended certificate of location, dated October 17, 1924, and recorded on the sixth day of June, 1925, and that on or about the first day of July, 1926, the defendant entered into and upon said mining claim for the purpose of mining upon the grounds embraced therein, and ever since said time has trespassed thereon and has extracted ore therefrom.

The defendant in his answer puts in issue the title and right of possession of plaintiff in and to said property and alleges that ever since the fifteenth day of June, 1926, he was and is the owner in the actual occupation of certain mining claims which are designated “Peak…