McTarnahan

The action is ejectment to recover possession of fifty acres of placer mineral land described by legal subdivisions of section 22, township 2, range 14 north, Mt. Diablo meridian, and called “ Crystal -Spring Gravel Placer Mine,” situate in the county of Tuolumne.

The complaint is in the most general form, alleging, in substance, that plaintiffs own the demanded premises and are entitled to the possession thereof, and that deféndant is wrongfully in possession and wrongfully withholds the possession from the plaintiffs.

The answer of the defendant specially denies each allegation of the complaint, except that he withholds the possession, and affirmatively alleges that defendant is entitled to the possession by right and title derived from his grantors, who, in April, 1873, had entered and paid for the land in the United States land-office, and received a certificate of purchase therefor.

Further answering, defendant alleged that for more than seven years last past he had been in the open, continuous, notorious, exclusive, peaceable, and adverse possession of the demanded premises, as against all persons except one Wiggins, who was a tenant in common with him, and especially as…