Goldberg

Action to quiet title to mining land. The cause was tried by the court, and defendant had judgment, from which plaintiff appealed on bill of exceptions.

The findings are made up largely of probative rather than of ultimate facts. It was found: 1. That one Francisco Bruschi, on March 15, 1885, located a quartz-mining claim, the Quail Quartz Mine, six hundred feet wide and fifteen hundred feet long, in Mariposa 'County, particularly described in the findings; that by mesne conveyances afterward,—to wit, October 13, 1897,—the said mine became the property of defendant. 2. That defendant on January 1, 1897, located a quartz-mining claim of the same extent as the said Quail Quartz Mine, and adjoining it on the southerly end thereof, called the Last Chance Quartz Mine, particularly described in the findings. 3. That prior to the month of December, 1899, defendant “did let, bond, and agree to convey” said two mines “to the Quail Mining Company,” and that during all of said month of December, and the month of January, 1900, said company was in possession of said mines, and “did cause to be erected upon said Quail Quartz Mine, improvements consisting of hoisting works, barn and blacksmith…