Donahue

This is, in form, an action under section 738 of the Code of Civil Procedure to quiet title to a certain quartz-mining claim and land called by plaintiff the “ Uncle Sam ” claim. The complaint is in the usual form, and contains an averment that plaintiff is in possession of the premises in contest. In the answer, all the averments of the complaint are denied, except that of possession. It is further averred in the answer that the south half of said Uncle Sam claimed by plaintiff is identical with the north half of a quartz-mining claim called the “Waldeck,” belonging to defendant; that defendant is entitled to the possession of said south half of said Uncle Sam, and “was lawfully possessed thereof” for several years next preceding April 6, 1889; that on said April 6th “the plaintiff wrongfully and unlawfully entered thereon ” and ousted defendant therefrom, and that plaintiff wrongfully withholds the same from defendant. In the prayer of the answer, the defendant asked, in addition to general relief, that he “be restored to the possession of that part of the Waldeck ledge described as being in controversy.”"- At the proper time defendant demanded a jury “ on the issue raised by…