Jameson

The demurrer of the defendant John P. Cuddebacb, to plaintiffs’ amended complaint having been sustained, and plaintiffs having failed to further amend within the time allowed by the court, judgment of dismissal was entered. The plaintiffs appeal from the judgment.

The amended complaint alleges that on March 31, 1899, the plaintiffs made a mineral location of forty acres of land in Kern County. The land contained limestone in large quantities, and was' far more valuable for said limestone than for atiy other purpose. Immediately after said location the plaintiffs entered into possession of the claim, and did, in each of the years 1900 and 1901, perform labor thereon and expend money in the improvement thereof, to an amount in excess of the sum required by law. Plaintiffs entered upon said claim in the year 1902 for the purpose of performing the labor and making the improvements required by law, but the defendants forbade and prevented said plaintiffs from performing any labor or making any improvements upon the property.

Prior to May 20, 1901, the defendant Mary J. James had made an application to the United States to enter a quarter section of land including the plaintiffs’…