Quigley

This action was brought to determine the adverse claims of the parties to the right of possession of certain placer mining land in the county of Plumas.

The complaint alleged in substance that on the twenty-first day of March, 1891, the land in controversy “ was, ever since- has been, and now is, gold-bearing public mineral land of the United States,” and that on the day named four of the plaintiffs and three other persons, the grantors of one of the plaintiffs, all of whom were then citizens of the United States, entered upon, took possession of, and located the same as a placer mining claim, which they designated and called the Fortuna placer mining claim, and that they and their successors in interest have ever .since remained and are entitled to remain in the possession thereof; that on the fourth day of Rovember, 1891, the defendants filed in the proper United States land office their application. for a patent for the Diana placer mine, and included’ within their application the whole of the land and *465 premises located as aforesaid by the plaintiffs and their grantors, and that defendants claim the whole of the said land adversely to the plaintiffs, and to be entitled to…