Hermocilla

This action is ejectment to recover possession of the east half of the east half of the southwest quarter, and the west half of the west half of the southeast quarter of a certain sixteenth section of land situate in Placer County. Other portions of the section are described in the complaint, but as no contest was made as to them, they need not be referred to further.

The defendants, Hubbell, Shea, and California Quartz Mining Company, alone answered. They denied all the averments of the complaint, and alleged that the portions of the section above described were, in 1850, and ever since had been, and then were, mineral lands of the United States, having known valuable mineral deposits therein, consisting of placers containing gold in paying quantities, and quartz ledges or deposits of gold-bearing rock in place, carrying gold and other precious metals in paying quantities, and that during all the times mentioned the said placers and quartz ledges had been, from time to time, in the actual possession of citizens of the United States, who were working and exploring the same for the gold and precious metals they contained. They further alleged that in the year 1880 two quartz…