Tavitoff

On September 25, 1935, Mike Stepovich, the appellee, leased a part of a mining claim known as the Eastern Star Association claim to Alex Tavitoff and Ed Kupoff, until September 25, 1937. Ed Kupoff withdrew from the lease by the consent of the lessor, Mike Stepovich, and the lessee, Alex Tavitoff, and the other plaintiffs and appellants, Nick Romanoff, Axel Carlson, and Jack Huhoff were substituted as lessees in place of Ed Kupoff. Appellants took possession of the mining claim under the lease and operated the same. The court found that appellants “continued in such possession at all times thereafter.”

Amended Complaint.

On May 14, 1936, appellants filed an amended complaint 1 in this action alleging that they were the owners of and in the possession of the Tavitoff Association placer mining claim and of a certain ditch and water right thereto appertaining; that the defendant-appellee had no right to use such waters or ditch and that on May 12, *148 1936, appellee unlawfully entered upon the mining claim and cut and destroyed the ditch and diverted the water therefrom and placed an armed guard where the ditch was ■cut and prevented appellants from repairing the same; and that the…