Cline

A. M. Mitchell died ■ intestate in February, 1882, seised of undivided parts of two placer-mining claims situated in Calaveras County, adjoining each other. The plaintiff, Sarah Mitchell, is the widow, administratrix, and one of the heirs of A. M. Mitchell, and individually, and as administratrix, brought this action for a partition of said mining claims, making the other heirs-—the children of A. M. Mitchell, and the other tenants in common, the devisees of John Batten, deceased *411 — defendants. One of the claims sought to he partitioned is known as the Bowling Green Placer Mine, containing 152 acres, and the other is called the Dash-away Placer Mine, and contains about 154 acres. The complaint alleges that Mitchell died seised of seven twelfths of the Bowling Green claim and of five twelfths of the Dashaway claim; and that the devisees of John Batten own five twelfths of the Bowling Green and seven twelfths of the Dash away. The prayer is, that the whole body of land constituted of these two claims be partitioned into two parts, giving to the heirs of Mitchell one part, equal in value to their alleged undivided interest in both claims, and to the devisees of Batten the other…