McClintock

Heydenfeldt, J., concurred.

*98 This canse comes up upon an appeal from an order granting an injunction, and it will not be necessary to notice many of the points made by counsel in their briefs and arguments upon the hearing of the cause.

UcClintock, the plaintiff below, claims that he has settled upon, and now occupies in good faith, a tract of land in the county of Nevada for grazing and agricultural purposes. That he had made large and valuable improvements upon the same, and that he had quietly and peaceably enjoyed his possession, for some years prior to the entry of defendants, in the business of farming and grazing, The defendants below set forth in their answer, that the land so claimed by McCIintock is mineral land, and that whilst engaged in the business of extracting gold from the earth, they advanced their works to the enclosure of McClintock the plaintiff, and that the earth contained within the enclosure of the plaintiff was valuable for gold mining purposes.

The record discloses, that upon affidavits^setting up these facts, amongst others, the County Judge of Nevada County dissolved the injunction granted by the District Judge, and that the dissolution of the…