Bush

The appellees being in possession of a certain piece of mining ground near Nome, Alaska, and engaged in extracting gold therefrom, the appellant, claiming to be the owner of an undivided one-fourth of the ground by virtue of a location thereof under the name “Big Clid Fraction Claim,” made on the 1st day of August, 1900, by one F.' F. Bowers, and by virtue of a subsequent location made by Bowers of the same ground on the 12th day of January, 1901, under the name “Daisy Placer Mining Claim,” commenced in the court below an action at law to recover the possession of the ground from the defendants, and on the same day commenced, in the same court, a suit to enjoin the defendants from working the ground or extracting therefrom any material, which actions, it appears from the record, were consolidated in the court below. An. application was made by the appellant to the trial court for a preliminary injunction, which was heard upon numerous and voluminous affidavits filed on behalf of the respective parties, and resulted in an order denying the temporary writ applied for, from which order the present appeal comes.

The appellees, who were defendants in the court below, based their…