McCormick

This is an action to quiet title to a piece of land described as lot 50, in a certain block in the city of Sonora, county of Tuolumne. The defendants-filed separate answers, and each claimed title to a large portion of said lot by virtue of an alleged location and ownership of a quartz-mining claim, called the San Guiseppi Quartz Mine; and defendant Sutton further averred that he had been in the adverse possession of that portion of said mine which is embraced in said lot 50 for more than five years before the commencement of the suit, and pleaded the statute of limitations. Judgment went in the lower court for the defendants, and the court decreed that Sutton was entitled to the possession of all that part of said lot 50 which was included within the said alleged mining claim. Plaintiff appeals from the judgment, and from an order denying a new trial.

It appears from the findings that on March 24, 1874, the government of the United States issued its patent of the town site of the city of Sonora to the trustees of said city. Said lot 50 was a part of said town site, and *375 was conveyed by the said trustees on the 6th of August, 1874, to one Oliver Cowan, and by several mesne…