Bosquett

One of the material issues in the cause was, whether the plaintiff at the time of the defendants’ application to purchase was in the adverse occupation of the land in controversy. There is no finding on this issue, but there is a finding to the effect that at the dates of the defendant’s applications to purchase, the plaintiff and others “were upon portions of said section, occupying the same as miners and claiming thereon mining claims” under the mining laws and customs of that locality. It does not appear whether these mining claims were upon the land in controversy or upon some other portion of the section. The findings should have responded to the issue, as to the adverse occupation of the premises in dispute; and as we *507 have repeatedly held that under the Code the findings must support the judgment, it results that the judgment is erroneous.

The court having failed to find upon a material issue, no judgment could be pronounced in the absence of such a finding.

But if the court below can determine this issue on the evidence taken at the trial, it may amend its findings in this particular without the necessity of another trial, and will thereupon proceed to pronounce…