Neuebaumer

Henry Neuebaumer and F. W. Street sued in ejectment for a certain piece of mining ground. *312 The defendant denied the ownership and right of possession of plaintiffs, and set up the claim that the ground was subject to location, under the laws of the United States, by any citizen thereof, as vacant and unoccupied, and that in pursuance of such laws, and the local rules and regulations of the mining district in which the mineral land described in the complaint was situated, he had located the same, and that he is in possession thereof and working it. He further denies that the plaintiffs ever had possession of the property in dispute, or that he ever ousted them therefrom, or wrongfully withholds the same, or that they have suffered any damage.

The court below rendered judgment in favor of the plaintiffs, from which, and an order denying a new trial, the defendant appeals.

From the facts found it appears that the mining claim was attempted to be located on the 24th of October, 1873, by one William Jones, by posting certain notices on it, but that in making this attempt he did not mark the location of the claim so that the boundaries could bo. readily traced.

On the 2d of July,…