Bulwer Consolidated Mining Co. v. Standard Consolidated Mining Co.

— There are two appeals in this case; one from the final judgment, and the other from an *614 order denying defendant’s motion to change the place of trial, presented upon bills of exception.

The action is brought under section 738 of the Code of Civil Procedure, for the purpose of determining the adverse title alleged to be claimed by the defendant to the mineral land, veins, lodes, and ledges described in the complaint, 'of which the plaintiff claims to be the owner.

The parties to the action, and to this appeal, are the same as the parties to the appeal numbered 13192, this day decided.

The original complaint, filed March 17,1888, is in the usual form of complaints in this class of actions, and in the same form as that in No. 13192, but describes a different lot of mineral land, designated as mineral entry No. 49 in the Bodie laud-office, and called the Ralston No. 2 lode.

To this complaint the defendant filed an answer and a cross-complaint, which are identical in form and substance with the answer and cross-complaint in No. 13192; and claiming the same land, viz., the West Bullion lode and the west vein of the West Bullion lode location, and alleging that it adjoins the…