Ryan

— rThe contest in this case was in reference to the ownership of a parcel of mining ground, four hundred feet long by two hundred and fifty feet wide. The complaint alleged ownership in the plaintiff since 1860, and that in September, 1870, the defendant entered upon the ground and ousted the plaintiff from the possession thereof, and committed certain acts of trespass thereon. The prayer was for damages and an injunction, and that it be adjudged that plaintiff was the owner and entitled to the possession of the ground and every part thereof. The answer denied the plaintiff’s ownership and set up title in the defendant. The court found that the plaintiff had owned all the ground since 1860, except the south seventy by four hundred feet, but that the defendant in 1864 attempted to locate it all, and had since claimed to own it. It was also found that the defendant did not in 1870 enter upon the part belonging to the plaintiff, or commit any acts of trespass thereon. It was adjudged that the plaintiff was the owner and entitled to the possession of all the ground found to be his, and that the defendant, his agents, etc., be perpetually enjoined from mining upon the same, of…