Callahan

This is a suit to quiet the plaintiff’s title to land described in the complaint, situate in the town of G-roveland, and known as the “Rhode Island Mining Claim.” The plaintiff had judgment, from which, and from an order denying his motion for a new trial, the defendant appeals.

TJie plaintiff deraigns title to the land in question under a mining location, originally made in the year 1854 by one Reid, and renewed by Reid and one Austin January 1, 1876, The defendant, under the patent of the townsite of Groveland, issued under the federal laws (Rev. Stats., sec. 2387 et seq. [6 Fed. Stats. Ann. 344; U. S. Comp. Stats. 1901, p. 1457]), and a deed of the patentee to Lawrence Murray, of date September 5, 1879, purporting to convey to him lot 8, block 6, as designated on the official map of the townsite, of which lot the land in question is part. The date of the' patent is February 10, 1886; that of the original entry of the townsite, October 3, 1877. It is found by the court that the land in question was duly located January 1, 1876, by plaintiff’s predecessors, whose title became vested in him March 26, 1896, and that “plaintiff ever since has been the owner and in the possession of…