Lane

The appeal in this case is taken from an injunction order made on August 12, 1901, in an action brought by the appellees against the appellants to recover the possession of a placer mining claim. The. appellants were in the possession of the mining claim,- operating and claiming to own the same. The order was made without notice to them; *874 upon the affidavit of one of the appellees, who deposed that the appellees were purchasers of the mining claim through mesne conveyances from the original locator thereof, and that they and their grantors in the summers of 1899 and 1900 had operated the mine, but that in 1901 the appellants went upon the claim, claiming to be the owners thereof by virtue of a location which was made subsequently to that of the appellees’ grantor, and that they were extracting gold dust therefrom, and upon the affidavits of two other persons purporting to set forth the facts of the original location. The order enjoined the appellants from mining the claim pending the further order of the court, and commanded them to surrender and deliver up to the appellees the possession of the claim, with all the appurtenances, and commanded them to remove from said premises…