Rickard

This is an appeal from a judgment rendered in the above-named District Court against appellant, who was the plaintiff in the lower court, and in favor of the appellee, Nellie Thompson, who was defendant therein, in an action brought by appellant to quiet title to a certain placer mining claim. The following findings of fact and conclusions of law were made by the District Court:

A decree was entered based upon these findings and conclusions.

By most of the assignments of error it is contended that the court erred in the findings of fact, the claim being made that there was-no evidence to sustain some of them and that others are contrary to the evidence, but as appellant has failed to include in the record any of the evidence taken at the trial and the only statement as to evidence is contained in the opinion of the court, which amply sus *744 tains the findings and decrees, this court must presume that those findings are correct. Vineyard Land & Stock Co. v. Twin Falls Oakley L. & W. Co. (C.C.A. 9) 245 F. 30 ; Woods-Faulkner & Co. v. Michelson (C.C.A. 8) 63 F.(2d) 569 ; Karn v. Andresen (C.C.A. 8) 60 F.(2d) 427 .

In the other assignments of error it is claimed that the court…