Wright

—Action to quiet title to certain four mining claims, and for an injunction. Plaintiff had judgment. The appeal is from an order denying defendants’ motion for a new trial.

The verified complaint alleged ownership and right of possession of the mining locations in question for more than five years prior thereto; that defendants entered upon the property on January 1, 1899, and thereafter extracted and are now extracting ore therefrom, and that they claim some interest in and to the said mining locations. Defendants answered, denying the ownership of plaintiff “ at the commencement of the action, or at any time on or after the first day of January, 1899”; alleged that plaintiff failed to do work, on each of said locations, of the value of one hundred dollars during the year 1898, and that he therefore forfeited any interest he might have had therein; that for more than three years prior to January 1, 1899, defendants “had known of the mining claims mentioned in said complaint and of the gold-bearing veins or lodes thereon”; that, knowing plaintiff had forfeited his rights by failure to do the requisite assessment-work, they “ entered upon the premises ... on said first day of…