Deney

This is an action to recover damages for an alleged trespass upon a mining claim of the plaintiffs, described as situated on “Last Chance Hill and about one hundred feet north of the claim known as the Real Del Monte claim in Mono County, California.”

It is alleged in the complaint that on the eleventh day of December, 1860, the claim in question was located by the plaintiffs or by those to whose right they have succeeded, pursuant to the mining laws of the district in which the claim is situated. That the notice claimed seven hundred feet each way, running northeasterly and southwesterly, from the point where the notice was exhibited. That while the plaintiffs were in possession, and on or about the 1st of April, 1861, the defendants entered upon the premises and committed the trespass complained of, etc., taking out and carrying away the gold and silver quartz from said claim.

Most of the leading allegations of the complaint are denied in the answer, and the defendants, by way -of special defense, say that on or about the 7th of December, 1860, they or those *99 under whom they claim, located the ground in question and remained in possession thereof until about the middle of…