Siedletz

This is an appeal on the judgment roll from a decree quieting title in the defendant Myrtle Griffith to two placer mining claims in Sierra County.

Count one of the complaint alleges that plaintiff is the owner of the “Gold Blossom” quartz mining claim and that defendants claim some interest therein. In a second count it is alleged that the defendants, without plaintiff’s consent, entered upon and took possession of the claim and extracted minerals of the value of $10,000. By a third count it is asserted that defendants leased the claim from plaintiff but breached the lease and thus forfeited certain improvements, tools and machinery. The prayer of the complaint asks for a decree quieting title in plaintiff to the “Gold Blossom” claim and machinery, and for damages in the sum of $10,000 as the value of the minerals extracted from the claim.

The defendants denied the allegations of the complaint and cross-complained. It is admitted that defendants entered into a lease of the mining claim, but it is alleged that the lease was made as a result of false and fraudulent representations made by the plaintiff that she was the owner of said claim, when, in fact, she was not, and that…