Gruwell

This action was brought to quiet plaintiff's title to certain portions of the San Felipe Quartz Mine, in Tuolumne County, and to have a decree that plaintiff is the owner and entitled to the possession thereof. Findings were filed upon which judgment was entered for defendant. This appeal is from the judgment upon the judgment-roll, and the only contention is, that the findings do not support the judgment.

The court found that plaintiff is not the owner nor entitled to the possession of the premises claimed by him; and.that since April, 1882, defendant has been the owner, in the possession, and entitled to the possession of the same. These find ings are sufficient to support the judgment. In the pleadings and in the findings there is much surplusage. There are allegations and findings as to a mining location by plaintiff of the land in contest, also of prior locations by one Richeri and of conveyances by Richeri to defendant. There is no issue and no finding as to whether or not defendant is a citizen of the United States. The plaintiff contends that from the findings of fact as to plaintiff’s location and citizenship, and the want of any finding that defendant is a citizen of…