Schroder

This is an action to determine the right to about seven acres of mining ground situated in Mariposa County. The defendant, on a trial before the court without a jury obtained a judgment, from which and from an order denying them a new trial the plaintiffs appeal.

The plaintiffs claim the land as a part of the San Antonio mining claim. They endeavored to prove to the satisfaction of the court that the disputed ground was included within the lines of said mining claim as they were originally run and marked with monuments in the field. To this end they called a witness who testified that he had helped to erect the original monuments inclosing the disputed tract, which monuments are numbered 3, 4, and 5 on the plat in evidence. He further testified that the deputy United States surveyor, S. J. Harris, had relocated these monuments, and established new monuments just where the old ones had formerly been. There was also some other evidence tending to corroborate the foregoing. There was also evidence in conflict with it. The original written notice of location of the “San Antonio Mine” was at right angles with this direct testimony as to the location of these three monuments.…