Mills

Action of ejectment to recover the possession of two adjoining quartz lode mining claims, situate on the public mineral land of the United States, known as the “ Hathaway Claim” and the “Peck Claim,” each being particularly described in the complaint by metes and bounds; and also to recover three thousand dollars damages for the severance and removal from said claims of gold-bearing rock. The complaint was not verified.

By their answer the defendants deny generally each and every allegation in said complaint contained.

“Aver that the premises described in plaintiffs’ complaint are public mineral lands of the United States, and that plaintiffs have not done any work, or performed any labor, or made any improvements thereon since December 31, 1889.”

And also aver that the cost of mining and milling the *145 gold-bearing rock mentioned in the complaint largely exceeded the value of said rock and the gold and other minerals extracted therefrom.

Then, “by way of cross-complaint,” the defendants aver that they own and possess certain premises known as the “Consolidated Quartz Mining Claim,” containing forty-thirty-sevenths acres, and describe it by metes and bounds. Then further…