Hughes

— The contest in this case relates to a piece of mining ground situate on the public domain; and a judgment having been entered for the defendants, the plaintiff appeals, as well from the judgment as from an order denying his motion for a new trial. The court finds that in the year 1857, Haney, A.tkinson & Co., through whom the plaintiff deraigns title, were in the occupation, for mining purposes, of a certain parcel of mining ground; and Donovan and others under whom the defendents claim, were also in possession of an adjoining mining claim; that in that year, the said claimants and occupants of these two contiguous claims, by mutual agreement, established a division line between them; that by the location of' said line, so agreed upon, the premises in controversy in th s action were included within the claim of Donovan and thers, the predecessors of the *685 defendants. This finding was fully warranted by the testimony, and is conclusive of the rights of the parties, unless the plaintiff has shown some other and better title' than that derived from ITaney, Atkinson & Co. This he seeks to do, on the alleged ground that for more than five years next preceding his ouster by the…