Stinchfield

This action was brought to recover the value of certain gold alleged to have been taken by respondents from the mining claim of appellant. The facts, briefly stated, are as follows: For many years prior to January 17, 1886, respondent Gillis was in the peaceable possession of, and claiming to be the owner of, a certain mining claim known as the Carrington claim. "Upon said date he sold and transferred to appellant, by bargain and sale deed, a portion of the Carrington claim designated as the Pine Tree mine. At the date of this transfer the co-respondent Rice was working upon a portion of the Carrington claim not included in the transfer to Stinchfield, known as the Rice vein, giving Gillis a certain percentage of ¿11 gold taken out for the *35 use of the mine. The apices of a vein called the West vein and of the Pine Tree vein were within the surface limits of the Pine Tree mine, and the apex of the Rice vein was in that portion of the mine not transferred to Stinchfield by Gillis. Immediately after the transfer' to Stinchfield, Gillis located or relocated that portion of the mine not transferred, and within a few days thereafter, Stinchfield located that portion of the mine…