Mery

This action is inaugurated by a bill in equity, which asks that certain lands be declared by judicial decree to be held in trust by defendant for the use and benefit of plaintiffs, and that a conveyance thereof be made by him to them. The evidence is not in the record, and the appeal from the judgment is to be considered upon the pleadings and findings. By the judgment plaintiffs were granted the relief sought.

Without detailing in full the findings of fact made by the trial court, it may be said that the material facts for our consideration are as follows: Plaintiffs were valid and legal locators of mining claims covering the land in dis2mte. They had been such locators for many years, were in the exclusive possession of the land all of the time, had spent twenty thousand dollars upon the property in mining work, and had complied with all demands of the law tending to support a valid mining location. These conditions being present, defendant Brodt filed a claim for the lanj under the timber act. In due time he gave his notices, made his proofs and payments at the land office, and a patent to the land was issued to him by the land department of the United States. These…